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You can register a mark at anytime. In a lot of cases, you really don’t need to register at all.

Trademarks do not need to be federally registered in order to be protected. Without federal registration a trademark may be protected under the common law or state law when registration occurs in a particular state.

With common law, the ownership and protection of a trademark is automatic once the mark is used in commerce. State law will protect a mark once it is used in commerce and registered in a particular state. Trademark rights usually belong to the first user in a geographical area for a particular product or service. Common law or state law protection is probably satisfactory, and may be the only type of protection that is available for a mark that is only used in a single geographic market such as a city or state. Ownership and protection of a trademark will continue for as long as the owner uses the mark in commerce.

With that said, I have mine registered. Just gives a little more proof of first use in commerce and allows you to also register internationally. Although many countries do not recongnize US registrations… a lot do.
 

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aokusman said:
Why not do it now? Do it yourself will cost you less than 400. Do it before someone else does. I wanted to trademark a name, did a search and found out some had already done it 6 months ago. Ive had that name in my head for 3 years, he beat me to it.
I hear it is simpler said than done. I hear that many get rejected and most people have a lawyer help them with the application which costs more money.
 

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Wow. Talk about resurrection!

No, you’re not screwed. If it is a different class of goods & services, there is a good shot that you’re okay.

If it is the same class, then you will need to do some investigating, maybe even some legal advice, but it’s possible that it could still be registered.
 

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a lot are rejected due to the way they were submitted and what type of copyright they are after. Wether it is a true copyright or a trademark or a regestered trade mark. there are various marks for various images, slogans & logos.

As far as lawyers, it usually takes one to handle all the fun stuff like are true copyright search, which entails more than a google. If your going big it would be wise to pay a lawyer for his help.
 

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Over the last year I was looking to purchase a screen printing company as many of them in my area are for sale. There were several that had great names that were NOT trademarked. This was really a shame since others had opened web sites with the same name, sometimes doing a completely different business.

While these companies were being sold with "lots of potential upside" it was clear the current owners didn't have a clue.
 

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Most on-line companies are not trademarked, due to the cost of filing, lawyers, incremental costs, and the cost of research to find out if the name is already trademarked.

Although there are many downsides, the main upside is to be federally protected from copyright infringement and be able to do legitimate business. Especially after the hours and hours of work you put in to make sure you business succeeds.

Although $400 is a lot of money, it is nothing considering the blood, sweat, and tears you have put into your business to make it a success.

_________________________
Sunny Mathur
www.tshirtcrib.com
 
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