Intellectual Property Law

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Intellectual Property Law

I want to trademark a name for business purposes, how do I

Customer Question
see if anyone has it...
I want to trademark a name for business purposes, how do I see if anyone has it already and then register it if they don't? Thanks so much!
Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 4 minutes by:
7/29/2016
IP Lawyer: Russell H., Computer Systems Expert replied 1 year ago
Russell H.
Russell H., Computer Systems Expert
Category: Intellectual Property Law
Satisfied Customers: 11,703
Experience: 13+ years experience
Verified

Hi, thank you for contacting JustAnswer.com. My name is Russell. I will do my best to provide the right answer to your question.

I find your query of interest, but it seems to have been categorized wrongly by the system. To let you know that we are working on your question, I thought I should post and let you know that I have already recommended that your question be placed into a different category.

But perhaps, meanwhile, I can help you. Are you interested in just finding-out about previous possible registration of a trademark phrase or name? or do you need to know about legal ramifications?

It might help me (or whatever Expert gives you the answer) if you could tell me a bit more, specifically, in what jurisdiction the trademarking would be registered? a national-scope US registration, perhaps?

Please let me know, in Reply To Expert. Thanks!

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Customer reply replied 1 year ago

Hi Russell...it won't let me ask the same question. Are you able to pass it on to preferably an intellectual property attorney? (guessing that's the closest)

IP Lawyer: Russell H., Computer Systems Expert replied 1 year ago

The change of category, to legal / intellectual property law, has been done.

I have Opted Out of this case, opening it to appropriate Experts in that category. Thank you for your patience.

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IP Lawyer: JD 1992, Lawyer replied 1 year ago
JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34,296
Experience: 18 years experience
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Searching to see if a trademark has been registered is reasonably easy. The US government h as a searchable website at http://www.uspto.gov/trademarks-application-process/search-trademark-database . That page describes the search and then the link to the actual search is at the top of the page.

The website allows you to do a search for words, which is what most people want to search for. You can also do a search for a mark (ex. the animal shown as the Exxon tiger) but that is quite a bit more complicated.

The webpage I gave you above also has information on registering your trademark. You can go through the forms there although many people find them to be complex. If that's he case then you can go to a site like legalzoom.com and they can provide you with the forms to use that have already been filled out.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34,296
34,296 Satisfied Customers
Experience: 18 years experience

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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