Trademarking a Business Name

T

TudorJones

I have this hot name that is the name of one of my funds. Its very unique and catchy, and I really want to trademark it and bar anybody else from copying it from me and using it. Just think of "Just Do It" applied to Finance.

I've searched the federal trademark office for the availability and it is available: http://tess2.uspto.gov/bin/showfield?f=doc&state=qrvo2l.17.1

What's really confusing is the fee schedule (its looks very expensive): http://www.uspto.gov/web/offices/ac/qs/ope/fee2007september30_2007dec17.htm

Do I really need to hire a lawyer to do this? and do I need to pay a fee each year to keep it live etc etc.

Any help, advice etc about registering a trademark much much appreciated. thanks..
 
Applying for a trade mark is easy. You don't need to use a lawyer if you don't want to. But if you do it yourself your application and subsequent trade mark probably won't give the best protection achievable. Like everything else, you get what you pay for.

The fee is only $325 per class - which you can pay by credit card when applying online. You probably only need to have the trade mark in one class anyway - for financial services. The trade mark registration needs to be renewed every 10 years.

The best way to get more information is to ring them up:

"The USPTO Contact Center (UCC) provides customers with a wide variety of general information and documents pertaining to patents and trademarks. Customer Service Representatives are available Monday through Friday (except federal holidays) from 8:30 a.m. to 8:00 p.m. Eastern Time. You may contact the USPTO Contact Center (UCC) for additional information at 800 786-9199 or 571 272-1000."
 
Typed Drawing
--------------------------------------------------------------------------------
Word Mark QUALITY DRIVEN BY GREATNESS... PERFORMANCE BROUGHT ON BY FOCUS
Goods and Services IC 004. US 015. G & S: AUTOMOBILE LUBRICANTS. FIRST USE: 19890224. FIRST USE IN COMMERCE: 19890224
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73796234
Filing Date May 1, 1989
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition September 19, 1989
Registration Number 1570585
Registration Date December 12, 1989
Owner (REGISTRANT) FLUSHLANDING OIL, INC. CORPORATION KENTUCKY P.O. BOX 391, BL-5 ASHLAND KENTUCKY 41114
(LAST LISTED OWNER) FLUSHLANDING LICENSING AND INTELLECTUAL PROPERTY LLC LTD LIAB CO DELAWARE 5200 BLAZER PARKWAY DUBLIN OHIO 43017

Assignment Recorded ASSIGNMENT RECORDED
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20000708.
Renewal 1ST RENEWAL 20000708
Live/Dead Indicator LIVE
+++++

I see that some people just file it themselves without using a lawyer. So, by having a lawyer they would advise me to register in more classes, is that what a lawyer does?

I think the filing basis I would need would be 1A. Hope it is not too different from other basiss that are out there.
 
Quote from TudorJones:

I have this hot name that is the name of one of my funds. Its very unique and catchy, and I really want to trademark it and bar anybody else from copying it from me and using it. Just think of "Just Do It" applied to Finance.

I've searched the federal trademark office for the availability and it is available: http://tess2.uspto.gov/bin/showfield?f=doc&state=qrvo2l.17.1

What's really confusing is the fee schedule (its looks very expensive): http://www.uspto.gov/web/offices/ac/qs/ope/fee2007september30_2007dec17.htm

Do I really need to hire a lawyer to do this? and do I need to pay a fee each year to keep it live etc etc.

Any help, advice etc about registering a trademark much much appreciated. thanks..
More...

I don't think anyone is going to compete with you for Asshat Capital Mgmt LLC.
 
Quote from moondog:

trademarking is not easy I did it for my waste mgmt company and it took years
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Can you please elaborate ?? How can it be that hard if the particular trademark is available, and you do business using that name, as well as you own the .com word for that as well. ??
 
Quote from TudorJones:

Can you please elaborate ?? How can it be that hard if the particular trademark is available, and you do business using that name, as well as you own the .com word for that as well. ??
More...

Because the government is slow as shit, and almost anyone with enough money can beat you in court because all that shit is so corrupt.

Seriously do a google search for inventions, patents, trademarks, etc and you will see some crazy shit out there. Horror stories.
 
Quote from Reaver:

Because the government is slow as shit, and almost anyone with enough money can beat you in court because all that shit is so corrupt.
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So, do you have a recommendation as to what I should do to protect my business identity ??
 
Quote from TudorJones:

So, do you have a recommendation as to what I should do to protect my business identity ??
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I would give a lawyer a call. I am not familiar with all the ins and outs of that type of biz.

I know you can set up your own LLC, etc but as far as actually TRADEMARKING it, I am not sure how much involved with getting the actual trademark on it.

Best thing I can think of is google or call a lawyer. Check out legalzoom.com primitive, yes, but they may have some ideas for you. They may even offer that service outright.

It's just from what I understand it is a very expensive and drawn out process...not so much in getting the trademark, but in protecting it, as then it comes down to who has the most staying power in court, etc.

We live in a corrupt system.
 
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