[Comin'OutSwingin]

Graffix,
I would suggest you pay close attention to monkeylantern’s post. You really should understand stand the difference between the terms. Also given how little you know at the present time, once you decide on a name you really should consult an attorney. The trademark process in the US can be a very confusing thing. The filing fee for the actual mark is very affordable (around $300 US), but the process to determine if your name is actually able to be trademarked can be a little more expensive. You have to first determine if anyone in the country is using the name that you want in the classification that you desire. This would include checking the trademark registry for current and pending trademarks. Also checking state and local registries across the country, and if someone has a common law patent. Because even if you are able to trademark your name, but someone else came up with it first (and can prove it!) even though they did not acquire a trademark, you would not be allowed to market your product in their market. These are just some of the things that must be considered before you even apply for the trademark and there is just not enough space here to cover everything that it entails, which is why I said the best thing you can do is contact an attorney. Once you decide what name you are going to go with, you should be able to find an attorney that will do all the necessary searches and file the paperwork for you for around $1,000. It may be a little more or less depending upon your area of the country, and can take from a year or even longer before you are actually approved for the mark.
Good luck!

 

[Comin'OutSwingin]

aokusman,
You are correct. Their search is not comprehensive enough. That is why I told graffix to consult an attorney. Even if the lawyers at the trademark office publish the mark for opposition and get no response, if John Doe in Los Angeles was using the mark there, graffix would not be able to enter the Los Angeles market with his product. This is because of the common law trademark. The search is very involved. Websites, yellowpages, whitepages, domain names! Just about anything you can think of, has to be searched, all over the country. Also, because the search on the trademark website isn't what it should be, he may submit his application along with his $300, and the trademark lawyers could say his mark is too similar to one already in existence or applied for. If that is the case he would loose the $300. I would rather spend $1,000 for an attorney with knowledge in the area, than loose $300 and have to start all over again, with no guarantee that when I resubmit the new application with another $300 that my new mark would be approved. Remember it's not just a name that may be trademarked, it could also be a design along with it, which makes it much more complicated. There are design code searches, and certain lines that make up a design are given a specific number. All of that can get *very* complicated. If you're going to take the time and spend the money to trademark, the safest thing to do is to get an attorney.

 

[Comin'OutSwingin]

cameo,
no offense, but it is not your term. It was around long before you. You are posting on a forum where people come and ask questions and try to get help, and other people try to help them. If you are using common terms, but have your own definitions for them, you are only confusing those that didn't know what the term actually meant in the first place. People here where only correcting you because by your response, you didn't seem to know the difference between patent and trademark and how go about getting them, and so that others reading the post would know. If you have your own definitions for words, but you know the real meaning, I guess that's okay for you. But you shouldn't come to a forum answering questions about patent/trademark, using definitions that don't mean what the words actually mean. That really doesn't help the op get the answer they need. Again, no offense. Just trying to explain.