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Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
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Experience:  Patent Bar Certified
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I have been doing Clayton caps since 1986. I am an artist.

Customer Question

I have been doing Clayton caps since 1986. I am an artist. Sold these caps to many people, many famous people. I am told there is now another company calling themselves Clayton Caps. I want to trademark this name. thanks clayton patterson
Submitted: 9 months ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 9 months ago.

Clayton, it is a pleasure to assist you today and I hope that all is well. I am a licensed intellectual property attorney with over a dozen years of experience.

It is actually quite easy to trademark your business name (particularly when you are established like you are). Understand that you already have a common law trademark just by using this name in commerce. That said, a federal designation is better protection as it gives you the presumption of being the true owner of the mark and it gives you access to the federal court system to sue if you have to for infringement.

The US Trademark Office has made the application process rather simple. You can file on-line yourself, without the aid of an attorney, through their TEAS system, which can be found at uspto.gov. The system will walk you through the process of applying and the fee is less than $300. You will likely receive an office action from an examiner in the trademark office. They may ask you to change or amend a designation or two, but otherwise you will be good to go.

The system is designed to allow a lay person to file an application for a trademark.

I know the answer seems rather simplistic, but the system is just that easy. You don't need an attorney to file this for you. However, if you get into the application and you feel uncomfortable, you can always back out and retain an attorney to do this for you. I really think you should give it a go yourself before spending thousands on an attorney do to the same thing.

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 9 months ago.

Just checking to see if you have any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!

Expert:  Delta-Lawyer replied 8 months ago.

Just checking one last time on you to see if there are any other issues. Thanks

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