How Do I Protect My Product Name?

Do I need a lawyer to file a trademark?

When you’re looking at registering a trademark for your business, you might not be too clear on whether you should do it yourself, hire a lawyer or use a trademarks attorney.

We recommend that you use a trademarks attorney, or if you decide to use a solicitor, make sure that they have IP and or trademark experience..

How much does it cost to hire a trademark attorney?

A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application.

How do I protect my clothing brand name?

Here’s how to begin the federal trademark registration process:Choose a name and design a logo. First, choose a name for your clothing label and design a logo that works with it. … Identify the goods you want to protect. … Search the USPTO database. … Choose your basis for filing. … File your application.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

What are the three types of trademark?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

Can I put a logo on a shirt for personal use?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

Fill out the application online on the official site of United States Copyright Office. Besides, you can also submit the application in a paper form. Pay a registration fee (for the logo it’s $39) with a card, electronic check or your deposit account with the U.S. Copyright Office.

How long do Trademarks last in the US?

ten yearsIn the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How do you start a trademark?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Can I trademark a product name?

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Do you need to trademark a brand name?

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Do I need a trademark if I have an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Yes, you can trademark a hashtag, just like any other word or phrase connected to your product or service.

How much do Trademarks cost?

You may be able to obtain state trademark registration for $100–$200. Federal trademark registration extends your protection nationwide and offers other important advantages, but it typically costs more: $275–$375 for each class of goods and services that you want to protect.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Can you sell a product without a trademark?

You can sell products or offer services in the United States without having a registered trademark.