trademarking??

Question

I want to start selling apperal, shirts hats and so on, I have a name I want to trademark, what would I be looking at spending to trademark this name? Should I get a lawyer involved, or is there an easier way, I won't say this name on here because someone else could take it and run, and when I think of my idea i see $$$

Answer 1

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

The fees vary from state to state, anywhere from $10 to $125 per International Classification. The USPTO charges $325 per International Classification for a Federal trademark. Clothing is in one class only.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

In my experience, the average IP attorney charges anywhere from $200-$300/hour. There are also trademark research firms that offer research & application services for a substantially lower cost. If checking into research firms, be sure to ask:

1) Is the research comprehensive?
2) Is the research analyzed?
3) If there are similarities, will you be able to speak with a trademark attorney?
4) How long does it take to get the research?

The above 4 points are usually where "hidden fees" are so keep that in mind when checking out companies.

Hope that helps! I wish you much success & happiness in all your ventures!