should I apply for a trademark?

Question

I am about to start up a company and am considering whether or not to apply / pay for a trademark. Is there anyone out there with some experience / advice in this area? Much appreciated.

Answer 1

Filing for a trademark is NOT mandatory but there are some benefits to keep in mind:

"1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods."

http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic002 – Link to above quote

To register a trademark, that's done either through 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 (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

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.

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

Answer 2

Even before you apply to register your trademark, you should have a search conducted to see if your mark is available. Don't be so shortsighted as to dismiss this because of costs. You'll spend a lot of money developing your brand. I'd hate to see you lose all that hard work and money because someone had prior rights in the mark that could have been discovered with a trademark search.

You'll want an attorney knowledgeable about trademark law to interpret the results for you. It's not a simple matter of finding an exact match. The standard for trademark infringement is likelihood of confusion. There are multiple factors to determine likelihood of confusion such as the similarity of the marks and the relatedness of the goods or services. An attorney can help you evaluate the risks.

Answer 3

The registration of your company name will give you some protection against others forming a uK company with exactly the same name. It may not be worth registering a trade mark - it depends how unique and registrable your device is, and whether anyone has already registered something deceptively similar or the same in your business class (there are different trade mark classes depending upon what type of business you are in ). have a look at the patents office website - www.patent.gov.uk

Answer 4

You can but it's very very expensive and you need special lawyers to do it for you.