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Do I Really Need a Trademark and How Do I File One? with Erica DiAngelo of DiAngelo Law

Everyone Says I Need a Trademark…Is This True?

If you have a brand, company or service that you want people to identify, then you most likely need a trademark. Before filing a trademark, you need to make sure you have a name that could actually be registered.

First, you want to make sure nobody else has the same name or logo that you plan on using. If someone else owns it, or something similar, forget about it. You don’t want to have your application end up in refusal. The next thing to keep in mind is whether or not your name is specifically geographic or descriptive in nature. Often times if a brand is over localized the trademark office will deny your application. After you’ve made sure that your name or logo is unique to your company and the name is reasonable, you may want to consult with a trademark attorney to tie up any loose ends for your brand.

If you’ve gotten professional approval, it’s time to visit the USPTO website and begin your filing!

How to File a Trademark

When you get to the site, you’ll be greeted by a host of options from getting started to the application process and maintaining your trademark registration. When you choose to file your application, the fee is usually $275.

You will need to fill out the general application about your business, services, and logo. The next step will be to identify which international class your trademark falls into. If your trademark falls into multiple classes, the application fees will vary accordingly.

There isn’t an automated process that approves or denies your submission. There is a trademark examiner who physically examines your brand. They may be very particular in how you define your products and services.

Once you’ve submitted your application for trademarking, you are not able to go back and broaden the categories that your trademark can serve. Make sure to have your ID of Goods correct from the start. The process of getting your trademark approved or denied takes around four months. If you fail to meet all the requirements and receive a refusal, you may find yourself spending 6 to 8 months just to get your brand trademarked.

Conclusion: Maximize Your Budget and Lean on the Experts

When it comes to the products and services your trademark can represent, there are strategies available to maximize your budget when it comes time to file. That’s why it’s a good idea to do your research before you start your application. We highly recommend that you consult a patent or copyright attorney to make sure you’re getting the most out of your new registration.

People have called My Clone Solution the swiss army knife of business, and we’ve earned that title for a reason. But, a swiss army knife is not going to help you cut down a whole tree, but it’ll definitely get you started. That’s what we do. We understand that My Clone Solution isn’t an expert on trademark law, which is why we’re so delighted that Erica DiAngelo could join us. A repeated theme here is to seek out expert counsel since every trademark situation is different.

Watch our videos. Do your research. Consult an expert.

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