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Written by : Alvaro Conney
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establish your business protect your name and keep your profit hello I'm Tammy Shambaugh a houston-based attorney and creator of ask Tammy live where we discussed the best ways to establish a business protect your name and keep your profits today we will answer the question can I register a trademark without having a business the simple answer to your question is sometimes in very limited instances so generally speaking when you are registering a trademark needs to be a mark that has been used in commerce that means used in business to identify you as the source of a good or service so it has to be something that distinguishes you something that makes you different now if that's not the case there are two limited instances where I have come across people who are able to register trademarks even though they don't have businesses the first one is with an intent to use now I wouldn't even say that this is a full-out registration of a trademark this is an application that you can file with the United States Patent and Trademark Office so that's the USPTO that says I'm not currently using this mark but I plan on using this mark in the future in those instances you file this application and it basically reserves that mark for you but you'll still have to go through the actual registration process when you are trying to register the trademark so that's a loose loose version I guess of registering a trademark but it doesn't have the same weight that a full registration comes with the next incense that I see this come along and this is a little bit more of a registration without a business is with celebrities the law grants celebrities something called the right of publicity that is the rights and the exclusive rights to protect their name and their likeness so if you are someone who is a celebrity in some regard you can trademark your name because it identifies you and so you might not have a formal business but you may be the business in that instance you can protect that you also see people protecting catchphrases slogans colors but these still go back to identifying and distinguishing something that is provided in business so though you might not have a formal business if you have things that are related to a business that identify or distinguish you has the source of a good or service you can file for a registration or you can obtain trademark registration if you meet the legal requirements I hope that this video has helped it's short and sweet straight to the point I want to make sure that you are in a position to really protect your business and so if this has been helpful please do not hesitate to subscribe below additionally follow me on social media at TOS legal on Facebook and Instagram last but not least feel free to reach out to me if you're in the Houston area by scheduling a consultation you can do so by visiting www.disabilitydenials.com for
Thanks for your comment Elbert Bowser, have a nice day.
- Alvaro Conney, Staff Member
hey y'all so having your llc does not mean that you own your brand name in order to own your brand name you must have a federal trademark registration what if i told you that you can file your trademark without hiring an attorney yes it's true and we are going to go step by step of how to file a trademark application without spending all the big bucks with hiring an attorney so welcome back to my channel i am boss attorney bri and this is the place for influencers and content creators to come to boss up their business the legal and legit way like i said we are going to be discussing how you file a trademark on your own without an attorney as we know trademarks fall under the law and it is always recommended that you hire an attorney to help you file your trademark but also as being an attorney and working with a lot of new business owners i understand that filing a trademark with an attorney can be really really expensive and using a document preparation service such as legal zoom or trademark engine can end up making you waste the money because they are not doing the research of an attorney so today i am going to be walking you through the steps to file your trademark application on your own without spending the big money with the attorneys and without wasting money by using a document preparation service so let's get started the first step to filing your trademark application comes way before you actually click that button to file the trademark application the first thing you must do before you file your trademark is to do a trademark search with the united states patent and trademark office that website is uspto.gov and you will go there and do a basic trademark search to make sure that your name is still available as a trademark also remember when you are searching your trademark name it is important to realize that just because a name is not on the register does not mean that there may be someone else out there using the name so on top of searching the uspto make sure you also search social media and google in general to make sure that your name is not being used another important step to searching your trademark name is to check for variations of the name because to have a trademark you do not necessarily need to have the same name conflicting with you you may also get denied if you have a similar name conflicting with you so make sure that you check your name and you check the variation of spelling of your name another thing to realize when searching your trademark is that your trademark must be strong enough to survive as a trademark so just because you don't see a name out there on the uspto that someone is using the name they may still be out there so that is why it's really important to search google because if your name is considered generic or descriptive someone may not try to register that name but they may already be out there so make sure that your name is unique when you are filing a trademark the next step to filing your trademark is still before you actually file your trademark you are going to want to determine what class of goods or service that your trademark application will fall under you can figure out what class your trademark falls under by searching the uspto's id manual by typing in the word of the goods or the products or services that your company sells you will be able to find what class of goods or service you fall into it is important to search all products or services that you have and the ones that you intend to expand into so that you can list each one of those things within the same application because if you register your trademark and you say that you're doing apparel but you only register for t-shirts but it turns out that you're also doing leggings and pants and sweatshirts then you may not be fully protected under your trademark it's really important to determine what class your products and services fall into because you do not want to end up applying for the same trademark in the same class because that is going to increase the amount of money that you pay in addition you want to know what class your products or services fall under because if they do not fall within the same category and you file that application together you are going to end up paying more than one fee because each class of goods or services require that you pay an additional application fee so it is super important that you know which classes your products and services fall under because that way you can determine how much money you are going to end up paying before you actually submit the application the third step is to actually file your trademark application you file your trademark application online on uspto.gov it will require you to create an account so that you can file the application and then you will begin to fill out the information the first page of the application includes general information such as the owner's name whether you're an llc your address and any other contact information that that page asks you for the next page asks you to enter your trademark on this page you will upload either your logo or you will type your name in plain text depending on what type of trademark you are filing for once you do that you will submit specimens specimens are proof that you are using your trademark so you have to show the government that you are actually using the trademark before you can actually get a trademark registration there is an intent to use application that at the time that you submit your application you do not have to show that you are actually using the trademark you can submit the application without the specimens or without the proof that you are actually using the trademark but before your trademark registers you will have to show proof that you are using that trademark in commerce so basically you are putting it out there for people to be able to buy your product or service and then of course you can review your application you sign it you pay and it will give you your receipt and your application number so that you can easily find your trademark application once your trademark application is submitted the uspto will assign an examiner to your application typically this will take about three months but at the time of this recording the uspto is really behind in assigning examiners to applications so you can expect to wait up to five months maybe even longer depending on what category you are filing in once that examiner gets your application they have the choice to accept your application or issue an office action to you that is a refusal for the uspto to register your trademark for whatever reason okay so filing for a trademark is not guaranteed so it's really important that you have all the correct information put into your application to give you a better chance of getting your trademark registered the trademark process altogether generally takes 8 to 12 months but again like i said at the time of this recording they are pretty backed up so it could end up taking longer depending on what class your trademark is in and how many confusingly similar marks there are if you have any questions ab
Thanks Delora your participation is very much appreciated
- Alvaro Conney
About the author
I've studied electrical engineering at Old Dominion University in Norfolk and I am an expert in linear algebra (vector space). I usually feel energetic. My previous job was ambulance drivers I held this position for 17 years, I love talking about history and hacking. Huge fan of Bill Smitrovich I practice gaelic games and collect film posters.
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