How do I trademark a name?

by ShayB
3 replies
I was doing some research on a niche and found nothing - nada - results for one idea I had. (Results for the general idea, but not the exact wording.)

I am thinking about trademarking the phrase/name.

How do I do that?
#trademark
  • Profile picture of the author Steven Wagenheim
    Shay, I actually went through the process when I trademarked Diceology.

    It is a very expensive process, not to mention a frustrating one. There
    are more forms to fill out than Carter has liver pills AND if your trademark
    is denied, you don't get your money back for the application, which is quite
    expensive in itself.

    I deleted all my bookmarks for the online site but if you want, I can dig
    them back up.
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    • Profile picture of the author ShayB
      Thanks, guys.
      Signature
      "Fate protects fools, little children, and ships called Enterprise." ~Commander Riker
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  • Profile picture of the author Ram
    You can trademark without filing by using your mark in commerce. But it offers virtually no actionable protection. It does, however, establish a record you can use to defend yourself against any interlopers when you do register a trademark. You will be able to show when you started using the mark.

    Although technically you can file for a registered trademark on your own, I would strongly urge you to use a trademark attorney to register a trademark.

    Trademarks are NOT simple. You can't just file some paperwork, pay the fee and then say "I own it." There are a lot of considerations and you can easily be turned down if everything is not just so. You may have to have multiple trademarks. One trademark doesn't cover all. Your trademark is based on the class of goods sold. There is a time limit (with limited extensions) for using your mark in actual commerce if you haven't done so. They are also not cheap - $275 to $375 per class of goods sold, plus a lot of other expensive fees for various types of paperwork you may or may not need. An attorney can best advise.

    The best thing to do is to actually use your mark with a TM sign beside in in actual commerce, the consult an attorney about an actual registered trademark.
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