Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello Mr. Reese. How are you?
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
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
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.
the PTO filing fee is $325
Most people (nearly all) are not able to figure it out (or do it properly) on their own.
I suggest using an attorney or at least some service like LegalZoom to assist you
the TM lasts for as long as you are continuously using the mark
there are no maintenance feesw
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.
you can't do that...you can't "reserve it"
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
you have to submit evidence of use (interstate commerce) at the time of filing
Got it...thank you much Mr. Reese. Rating to follow. Do you mind if I contact you again if another related question arises?
you're welcome, yes please do, put my name in the question
Have a good day!
best of luck