This section of the forum is for discussing the business and finance issues of the t-shirt industry. Which business structure to use (sole proprietor, LLC, S Corp, etc), how to handle billing, where to register your business and get the proper licensing, etc.
Hi everyone. I am thinking about trademarking my company name and logo. I have done some research on the federal website. I am interpreting that even if I haven't trademarked yet, I CAN use the "TM" at the end of my company name and logo.
Am I correct in this interpritation or am I way off base?
No, you just have to have something to place the "TM" on.
You don't ever have to register, or file an application in order to use the "TM".
From the USPTO website:
Quote:
Originally Posted by USPTO
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?
Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?
Yes, it can be done without an attorney.
The application is pretty straightforward, online.
But, one thing to keep in mind is that you need to make sure that you do all of the necessary searches before you file.
That's not just the USPTO database, but search engines, phone listings, state trademark databases, etc.
This is just 1 of the things that will be done by an attorney, and if you don't know how, would be well worth the expense.
But the process itself can most certainly be done without an attorney.
But, legalzoom offers this service. The filing fee for the application is $325, and legalzoom's fee is an additional $165.
They will also do the searches for you for additional fees. Federal and state trademark searches are about $150, comprehensive U.S search is about $250, or they can do a worldwide search for about $450.
Well since you guys are on the subject, do you know how to type out the trademark symbols? I have a mac so if you know how to do it on a mac that would be huge help. Oh one more thing! So lets say I decide to slap the "tm" on my company name, can someone come in and file paperwork to get my logo registered with out me knowing or am I protected the minute I put it behind my logo?
Last edited by Gohantl45; June 10th, 2008 at 08:40 PM.
Reason: I forgot to ask a question
Hi everyone. I am thinking about trademarking my company name and logo. I have done some research on the federal website. I am interpreting that even if I haven't trademarked yet, I CAN use the "TM" at the end of my company name and logo.
Am I correct in this interpritation or am I way off base?
Thank you!
As long as you are using the product in commerce (selling) you can use the TM.
Can trademarking be done without the cost of a lawyer. The info I read (which was by no means all of the USPTO info) made it seem as if anyone could do it. Am I mistaken?
I have done six registered marks of my own. The USPTO was sufficient enough for me because it gives a certain time for opposition to your mark. If a company thinks your LOGO is to similar to theirs they can oppose it. I had one opposition and they could not stop that particular mark. In my opinion bypass the attorney and do it yourself. The USPTO application will not allow you you make a mistake.
Trademarking 
