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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Intellectual Property Law
Satisfied Customers: 10639
Experience:  30 years experience corporate, litigation, international
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I have a small irish company called "Royal Tara Galway Ltd

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I have a small irish company called "Royal Tara Galway Ltd "with a turnover of $1million per year. I want to register the name in the usa to protect it if I can afford to .What do you think it might cost. The name has been trading for 57 years but ceased manufacturing in 2003 . I own the name and the company and I do have a website
the areas we operate in are Bone china, glass ,porcelain, jewelery. Your help would be greately appreciated, michael Kilroy

If you want to register the name in the US you have to do a trademark search. In the US there are common law trademarks which arise from use of a name on products or services in commerce. If a person has been using a name in commerce even though it is not registered, he will be protected in that use against a later registered trademark. You can also register the trademark at the US Patent and Trademark office which provides the strongest protection.

Because of the prevalence of not just registered trademarks but common law marks, a complete search cannot be done on the internet. To get a full search plus the fees for filing the application and following the process through to completion would run between $1,000 to $2,000 dollars.

It is critical that you be selling under the mark in the US otherwise the mark will be useless because you must have product in commerce under the mark to have a protectable interest. You cannot have a mark and not actively use it and protect your rights.

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