I was at the USPTO website for trademark and was trying to read through which affordable online application to fill out. I have a basic logo to get trademark, can someone please help me on which application to choose. I don't want to choose the wrong application and have to pay the fee.
Also, don't forget that you have to include your "basis" for filing. This means that you have to either base your application on the fact that your mark is currently in use in commerce or that you intend to use the mark in commerce in the future. It's better to file your mark as being used in commerce that way you don't have to file another form titled "Allegation of Use" which is necessary if you start to use the mark before the USPTO registers the mark (means you will have to pay another $100, too).
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man! how much is it to have an attorney to help me out w/ all this trademark thing?
Check out a few trademark attorney websites for pricing. Just google for trademark services.
Trademarksetc.com is one. They charge $239 to do the searches for you (to make sure nobody has the same trademark anywhere that they can find...which will help your application go through) and $180 to prepare the paperwork for you so it's properly formatted. That's separate from the actual $275 application fee to the trademark office.
You might want to check the fees for initial filings, as I think they have increased to $325 if filing electronically and $375 if you submit paper (I'm not 100% sure, though).
I thought about getting my trademark official, but after seeing how much it would cost I decided to wait. I am going to do some test marketing and see if my designs will sell and if so, then I'll go the official TM route. I did, however, do an online TM search to see if anyone else is using my mark or something similar. You can do that online or you can even go to the USPTO and check that out yourself and the librarians/techs will help you track stuff down. You have to remember that the online search does not take into consideration applications that are in process and have not been entered into the system yet. That is one of the benefits of having a professional do the search for you is that they have access to everything including apps. in process.
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What if you know for sure nobody has the same logo or brand? I already searched on Uspto website and nobody has the same name. Would it be wise to go ahead w/ the application and pay the fee and not get an attorney?
What if you know for sure nobody has the same logo or brand?
The problem is you can't be sure; the USPTO searches are a lot more thorough, they also cover marks that might still be going through the approval process (but ahead of yours), etc.
It's kind of like insurance - if you get the mark, it wouldn't have been wise to use an attorney. If you don't, maybe it would have. Either way you run the risk of wasting a few hundred bucks.
I agree with Solmu. I was having difficulties deciding and that led me to put it off until I knew for sure that my designs sell. That way it would be worth while to drop the necessary $ to make everything legal. In the meantime I use "TM" next to my logo. Anyone can use the TM symbol even though it's not official through the USPTO and it kinda lets folks know that you have intentions of officially registering your mark.
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What if you know for sure nobody has the same logo or brand? I already searched on Uspto website and nobody has the same name.
The USPTO searches more than their database. They search company listings in several different databases.
Quote:
Would it be wise to go ahead w/ the application and pay the fee and not get an attorney?
If you pay the application fee and the name pops up somewhere you didn't check, it would be a waste of your application fee.
The attorney does exhaustive searches in many different databases (usually the same ones the trademark office checks), as well as google searches, etc.
I paid for the attorney search, even though I was sure that nobody else had my trademark. Some would say that it was a waste, but for me it was peace of mind knowing that I wasn't going to be surprised with "same name" during the application process.
That's just one of the bumps you can run into
Even if you don't pay the attorney to file for you, I personally think a search is a worthwhile service.
Everyone that has posted in here is basically correct. However, I do feel it is important to maybe explain a little more on your intentions for filing a Trademark. I recently just went throught the process last week. I was going to attempt to file myself, but kept running into questions I could not answer. The USPTO is of no help. Don't bother calling them, they do NOT help. It cost me $750 total to do a full search, and file the application with an attorney. I highly recommend filing with an attorney for the first time (no, I am not one). Reason being, is if you fill anything out incorrect, or leave off something or not file in the right class then your Trademark application could be denied. Plus any questions you may have will get answered talking with a licensed professional. Now, that does not mean filing with an attorney is a sure thing. I am simply stating that you are in better hands than by yourself. It is already expensive to file for Trademark, but the couple extra hundred dollars you will pay the attorney will be well worth it, especially if you feel that your logo or slogan has potential. Do NOT file without a proper search. That is just asking to have the USPTO take your money. I would not cut any corners, expecially filing for the first time.
Now, just because you file for trademark and your search comes back with nothing remotely close, does not mean you will get the Trademark. I don't know how it is in other classes, but in apparel you cannot put your logo or slogan ONLY on the front or back of the shirt and expect that to be an offical Trademark. This is called ornamentation and will not hold up as a Trademark. The logo or slogan has to be on the packaging of your product or has to be on the label, which in essence means you have to find someone who can do private labeling for you or you need to take up sewing. I hope this helps anybody having questions concerning trademark.
Trademark question help PLEASE 
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