[bsurb]

Has anybody ever went through LegalSherpa to register their trademark? It seems quite inexpensive I just want to hear some feedback before I spend the $. I believe without the attorney package its only $100 to file. The premium package is advertised as $190 I believe.

http://www.legal-sherpa.com/register

 

[hayatiggs]

Never used, but interested to see what others say

 

[kimura-mma]

Those prices don't include the USPTO filing fee, which is $325 or $275 depending on whether it's filed by mail or online.

If you can file the application yourself, you can save on the extra fees by registering directly with the USPTO.

If you need help with the application or find value in the extra services, then it's worth the extra fees. I haven't used LegalSherpa before, but I have heard of them. I have used LegalZoom a few times in the past and have had good experiences. Both are probably good options if you require a legal service to help with your trademark.

Or you can contact a local attorney who can give you some face-to-face advice.

For what it's worth, there is already a registered trademark for "DIZZY" for use on footwear (which is the same class of goods you would need to register for clothing).

 

[binki]

If you run into any problems you may need an attorney. If it is important to you then I think you don't want want to skimp here

 

[bsurb]

OK I will call some local trademark attorneys on Monday.

Do you think I will have any trouble registering "Dizzy Clothing Co"

 

[kimura-mma]

Do you think I will have any trouble registering "Dizzy Clothing Co"

Yes, I think it's too similar to the existing mark.

 

[bsurb]

Will the attorney give me advice on that? And the trademark is shoes? I dont sell anything foot related.

 

[kimura-mma]

Will the attorney give me advice on that?

If you ask them about it, they will give you advice on it.

And the trademark is shoes? I dont sell anything foot related.

The specific goods listed is footwear. But the classification they registered for is clothing, which is the same as what you would apply for.

 

[bsurb]

So is there a 0% chance? And did I screw myself with this?

 

[kimura-mma]

So is there a 0% chance?

I don't know. I'm not an attorney or a USPTO examiner.

But you're going to have to spend some money to find out. Either pay an attorney for their time and ask their advice. Or go ahead and pay the non-refundable application fee to see if they allow it. Even if they do, there could always be legal issues with the other trademark owner down the road.

And did I screw myself with this?

You were given advice to stop obsessing over names and research your market first. But you went ahead and bought a domain name anyway. Did you even search the USPTO database? Did you stop and do any research at all?

Hopefully, all you invested in was the domain name. Should have only cost you a few bucks. So don't get too down. But try to re-focus yourself on other aspects of your brand, not just the name.

 

[bsurb]

Well I spent $60 on a logo to.

 

[kimura-mma]

Then consider it a $60 learning experience and don't make the same mistake again.

 

[20vK]

I know it's exciting to start your own brand, but you should slow down and listen to what some of the members here have to say and do a tonne more research..... Even if it is restricted to searching this forum only.

It could save you an even bigger mistake. There is a bunch of info on all these subjects and it only took me 2 days to learn the ins and outs before I was able to successfully apply for my own trademark directly with the USPO.

 

[bsurb]

Yeah I guess Im going to have to think of a totally different brand name, something more unique. And do more research on the trademark database.

I searched Dizzy clothing it wasnt taken but I guess if I have clothing in the title it doesnt matter.

 

[kimura-mma]

You can add another word to Dizzy to make it different from the existing trademark. But the word has to be a "distinctive" element of the mark. "Clothing" is simply a description of what you sell, and therefore too generic to be considered distinctive.

 

[bsurb]

Ahh ok that makes since. So I would have to name it like "Dizzy Frog" or something in that criteria.

 

[bsurb]

So if I use DizzyKing.com it should be fine correct?

 

[kimura-mma]

Should be fine to use the domain name if it's available.

If you are using Dizzy King as a brand name, you should not include .com in your trademark application.

As for the trademark Dizzy King, I think it should be fine. But you won't know for sure til you consult an attorney and/or submit your application and get a response from the USPTO examining attorney.

You're never going to get a definitive answer on any name. There will be some level of risk. That's the nature of trademarks.

 

[bsurb]

Well I have the domain registered. I will call about it tomorrow and find out. I seen no trademark in the search database and no website on google.

 

[kimura-mma]

There's a King Dizzy on Facebook. Might want to research that and see if it may be an issue.