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Written by : Arleen Monica
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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 discuss the best ways to establish your business protect your name and keep your profits today we are going to answer the question can I register my trademark by myself the short answer to your question is yes all things are possible sue he who believes but the better question is should you let's explore that a little bit more the reason why I say should you is that if you work really hard at it yes you can but who knows how successful you'll be because there are three areas that you really need to consider when it comes to being successful on registering your trademark the first thing you want to think about is your level of skill and experience right you want to consider it do I know this trademark world enough when you go online and you see the different online providers that are trying to help you register your trademark on your own one of the things that they never tell you is they don't tell you that in most trademark applications you're going to receive an initial denial they don't tell you that and they don't tell you how to solve that they don't tell you that that's where a lot of trademark registrations die they don't tell you any of that they don't tell you that you are going to be put up against another attorney that the people at the United States Patent and Trademark Office are actually attorneys evaluating your mark that's really really important to know that your skill level with regards to navigating legal documents and making legal arguments may be required in registering your trademark so your question is how much skills do I have in this area the next question you want to ask is how much time do I have to waste see has an attorney this is what I do this is what I like to do it's not a waste of time before an entrepreneur who has to worry about product development what's to worry about customer service who has to worry about marketing is this another thing you want to add to your plate do you want to now go back and do the research that and in the study that I got to do in getting my degree in getting my license if you want to feel free to but I would hope that your time is more valuable than that I believe that it would probably be a better use for you to find someone who can help you do this quickly who can help you do this thoroughly without any issues I think it'd be better for you to get help a trademark attorney or a business based attorney who can help you get through this so that you can focus on your work and you know the truth you know that you have a lot already you know that as an entrepreneur your days are packed focus on the things that are in front of you and let someone help you that's one of the business secrets nobody becomes successful by themselves they outsource things to other experts and to other people who can specialize in areas and they figure out what they're best at and they hone in and focus and do that that's what I think you should do the third thing I want you to consider is your access to resources so it's not just a matter of skill because hey you could probably you know you might be much smarter than me you know more equipped very skillful and you may have all the time in the world but the question is you also have the access to the resources I have most people will tell you do your initial search you look up your mark under the United States Patent and Trademark Office it's a great step helps you wade through certain things but trust me that's not where we stop as attorneys we don't just check the United States Patent and Trademark Office we look at others databases we look at your local database as we look nationally we look at domains we look at social media accounts we do in-depth trademark search and clearance before you invest in building this brand so that you don't regret it later so many people decide I'm gonna do this myself they decide I don't need to register a trademark they just start a business and they invest time money and energy just to find out down the line that they are infringing on someone else and all their work goes to no I don't want that to be you so again the question is now can you do this the question is should you I hope this video has been helpful to you if it has been please feel free to subscribe below additionally go ahead and follow me on social media on places like Instagram and Facebook I'm constantly doing live videos where I'm sharing information bringing people in talking about different things sharing stories from real business people like you so that people don't make the same mistakes all right so follow me so you can get access to that additionally I want to invite you if you do need help in your in the Texas area I'm an attorney if you need help you always have access to that you can feel free to schedule a consultation with me by visiting www.cavaliermazda.com
Thanks for your comment Frederic Niwa, have a nice day.
- Arleen Monica, Staff Member
hey everybody Robert right here private-label law attorney and today I'm going to answer the question can I register my trademark before I'm actually in commerce so we know that in order to register trademark you know trademark rights arise upon use in commerce meaning as soon as you take that product that you're selling put your branding on it and get it to market you have certain trademark rights now those rights are geographically limited right you don't even have to register we've talked about that in other videos you know we have to register trailer to have one as soon as you take that mark you put it on the product and get it to market you have rights now as private label sellers we especially if you're early on in your private label journey we have a lot of things going on right like you're still working through the course you're negotiating with suppliers you're trying to choose your branding you're trying to arrange logistics you're getting samples like all of this stuff is going on right but it couldn't be that in the midst of this you know what your private label is gonna be you know what your brain is gonna be and you want to make sure that you lock it down because oh by the way you've also heard the best-case scenario here in the States takes about nine months to get a trademark register the registration through right and you want to run your registration efforts in parallel to your getting to market efforts so the question is if you know that trademark rights arise upon use all right you know that is there a way that you can kind of jumpstart the process skip to the front of the line start the registration in advance of getting the market and the answer is yes okay the patent trademark office offers something called an intent to use application right so if you have a good-faith intent to use a mark in commerce right in a short period of time like in the next six months sort of period right you can go ahead and work through the entire prosecution process you fill out the application just like you would if you were actually a market it will be examined just as if it were an actual use based application the only difference is is it makes it through that process at the end instead of getting a registration certificate you'll get what's called a notice of allowance so basically that's the trademark office telling you what everything looks good here your application cuts muster it we're good to register you but you've got to show us use ok and at that point you're in a circle back with the Trademark Office you're gonna provide a specimen you're gonna provide them with an example of your using the marking Commerce and then and only then are you gonna get that registration number right so obviously a lot of positives to filing on an intent to use basis right you get to get together skip to the front of line your registration efforts are in parallel to your getting to marking and market efforts order the down signs well there's an additional filing fee right you're still paying the same filing fee that everybody else is up front right and working through the examination process and then on the back end you know once you provide that example of you use that specimen you're gonna have to provide a filing fee as well right there's it's it's a smaller filing for you but it's a filing fee nonetheless so if you are a little tight on cash you're trying to bootstrap your efforts and what you're gaining in speed you're losing and filing fees now frankly you know given that it takes so long to get to registration in nine months again if everything goes well the benefits of brand registry being what they are I you know if you have the means I highly recommend kind of going the intent to use route just because it does create some degree of efficiency in your business so it answer your question you know can you file an advance of getting the market absolutely it's called an intent to use application and I highly recommend it if you have the means
Thanks Shawn your participation is very much appreciated
- Arleen Monica
About the author
I've studied geometry and topology at Aurora University in Aurora and I am an expert in linear algebra (vector space). I usually feel satisfied. My previous job was computer and information scientists, research I held this position for 22 years, I love talking about figure skating and flying model planes. Huge fan of Danny Koker I practice hacky sack and collect premiums.
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