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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3439
Experience:  Experienced in intellectual property law
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I intend to start a business within the next couple of years

This answer was rated:

I intend to start a business within the next couple of years and I want to trademark the name of the business. Can you get me on the right track to do this?

alex reese :

hello

Customer:

Hello Mr. Reese. How are you?

alex reese :

a federal TM is preferrable (over state). you should first do a TM search (check the trademark search section of www.uspto.gov) to see if the same or similar name is XXXXX XXXXX

alex reese :

good thanks

alex reese :

TM rights are based on use in commerce so you actually have to be doing business with the name/logo in order to file a TM, the exception being an "intent-to-use" application wherein you file a TM with the expectation that you will submit evidence of use within 6 months

Customer:

I just did a search and did not find the same name. Is the USPTO website fairly self-navigating for a new user? How much can I expect to pay for this. Lastly, If I do this now, how long is the TM good for and do I need to continue to pay yearly to keep it? Thanks in advance.

alex reese :

the PTO filing fee is $325

alex reese :

Most people (nearly all) are not able to figure it out (or do it properly) on their own.

alex reese :

I suggest using an attorney or at least some service like LegalZoom to assist you

alex reese :

the TM lasts for as long as you are continuously using the mark

alex reese :

there are no maintenance feesw

Customer:

And if I don't use it for the next two years (assuming I register it now) will I be good? I want to ensure it is still available to me.

alex reese :

you can't do that...you can't "reserve it"

alex reese :

you having to be using it at the time of filing, or within 6 months of filing if you file an Intent to Use application

alex reese :

you have to submit evidence of use (interstate commerce) at the time of filing

Customer:

Got it...thank you much Mr. Reese. Rating to follow. Do you mind if I contact you again if another related question arises?

alex reese :

you're welcome, yes please do, put my name in the question

Customer:

Have a good day!

alex reese :

best of luck

Alex Reese and other Intellectual Property Law Specialists are ready to help you