Can i register trademark myself [Glossary]

Last updated : Sept 30, 2022

Current : 1108

Can I apply for a trademark myself in India?

Any layman who wants to register a trademark can apply himself.

How do I make my own trademark?

A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

Can I register a trademark without a company?

Any individual â€“ Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Should I file my trademark myself?

It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Should I trademark or copyright my logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How long does it take to register a trademark?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

What comes first trademark or registered?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

What all documents are required for trademark?

Individual or proprietorship address proof includes a copy of Aadhaar, PAN, or Passport. If the applicant is a partnership firm, the names of all partners are necessary; however, if the applicant is a Limited Liability Partnership (LLP), the trademark application must be filed in the name of the LLP.

What are the three requirements for trademarks?

Arbitrary, fanciful, or suggestive: If a mark is a part of one of these three categories, the mark is inherently distinctive.
Descriptive: A descriptive mark can only be trademarked if it has taken on a second meaning.
Generic: Marks that are generic are never trademarked.

What comes first LLC or trademark?

The trademark needs to be owned by someone. The trademark owner is typically going to be the one who is using the trademark. If the plan is to form an LLC to operate your business using that trademark, then the LLC would be the trademark owner. So the LLC needs to exist before the application is filed.

Can an individual file a trademark?

1. The trademark must be applied for under the actual owner's name. The owner of the trademark is the person who controls the nature and the quality of the goods sold or the services rendered under the trademark. The owner can be an individual.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What can I do with a trademark?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed â€“ it all depends on the business associated with the mark!

Where is the best place to register a trademark?

The Best Trademark Registration Services of 2022.
LegalZoom.
Trademark Engine.
Rocket Lawyer.
JPG Legal.
Trademark Plus.
TrademarkCenter.
Trademark Factory.

How can I trademark my logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

What can you not trademark?

Proper names or likenesses without consent from the person.
Generic terms, phrases, or the like.
Government symbols or insignia.
Vulgar or disparaging words or phrases.
The likeness of a U.S. President, former or current.
Immoral, deceptive, or scandalous words or symbols.
Sounds or short motifs.

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Comment by Enedina Minear

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 Enedina Minear, have a nice day.
- Dominick Cashett, Staff Member

Comment by Leanora

question the day here today when should you trademark your business name or your logo or your brand I'm gonna tell you just a second hey my name is Jim Hart I'm the founding attorney here at Hawthorn law and you might be wondering gem why are you sitting on the floor in front of this couch with the lighting that's awful to be perfectly honest it's because I'm in our land over them at the airport and I made this stupid terrible mistake if you've ever been to the Orlando Airport they have this atrium and you can either get a room that overlooks the atrium or you get a room that overlooks the runway typically I get a room that overlooks the runway they didn't have any available I flew in early this morning I needed a nap I just I was like I need a room fit the bullet I got this room but the lighting is not nearly as good as what I'm used to in the other room check out some my older videos and you'll see how much better the lighting is in those rooms anyway not that you really care you want to know when to trademark your logo or brand hold on a second I was talking to a client yesterday I did a I've still got some spots available for next week but I opened up a consult I greatly reduced my rate from $350 an hour to $200 an hour for a limited time to open up some half-hour slots between now and Christmas so you can get a consult with me if you need to consult for $97 I'll link to the link up here to get more information on that but anyway I was having a consult with somebody who took advantage of this offer earlier this week and one of the questions we were talking about was when they should trademark their brand or their logo or whatever this is a great question the appropriate legal answer is that you should trademark your brand name as soon as you possibly can that's not always practical there's some people that that for whatever reason because the money is tight or whatever they can't do it right away but if you've got a really good idea for a brand and you want to make sure nobody else starts stealing your intellectual property you need to get that trademark as soon as possible get that puppy trademark so that would be my official legal recommendation is to anyone who asks you need to get it done as soon as possible now there's there's a couple ways that you can go about trademarking a brand especially when you're just starting out the first way is if you're actually using it to sell products or services then you can just go ahead and file a trademark application to get a trademark immediately if you're not yet using it to sell products or services but maybe you've got it on your website and you're just kind of starting to build up a business but you haven't actually used it to sell anything yet and you've got a great idea you want to make sure nobody steals it then you can file what's called a notice of use trademark application which is it's it's the same application you just check a different box in the application and basically what happens is you go through the same process then you're given a period of time where you can start using the trademark because the trademark doesn't actually provide you any protection unless you're selling a good or service and so what you get is you get you get extra time to start selling your good or service your goods or services maybe that's a better way to say that anyway you get extra time and then if within that period of time you can either file for an extension or if you start using your trademark you file a notice that you've started using the trademark and then the trademark will register and then you're good to go from there but if not then you get an extension and you've got a couple extensions so in all I'll told you can get a couple of years to basically start using that trademark and if you don't start using the trademark then you can just abandon the application and it goes back out there into the the world is anybody else care plan for that trademark if they wanted to my advice to you is if you're looking to build a business or a brand that you really want to grow and you think that you've got a really great name that that you want to protect then you want to trademark that brand or name as soon as possible I think a great example of this was and I forget her name the woman who created Spanx she didn't tell anybody about her brand for a year for at least a year there was an interview I heard where she was talking about this I'll try and link up down below to the interview with this woman it was on a podcast and she talked about how she went through methodical steps to do everything she could to protect the brand Spanx through she filing her patent application getting the process patented and her trademark and everything else as soon as she possibly could without telling anyone about what she was doing and then when a time came for her to start selling she had it all in place that's a great example of why you need to do it early because she had a great name a great concept and she wanted to make sure it was protected I'll do another a video on all the different reasons why you should trademark your brand but I just wanted to do this video to answer those questions for those of you out that are wondering when you should do it how soon you should do it if you want to do the trademark application yourself I don't recommend it but you can do it yourself if you've got a good name that's easily too tricky I just can't talk today if you've got a good name that's easy to trademark you can probably do it for the cost of the filing fee which is around three hundred dollars if you really want some legal guidance and you want to do a search and you want to figure out if anyone else is using this trademark and you want some help doing all that you've got two choices you can either hire an attorney which this is something that we do to do this for you or you can join our DIY legal program I'll include a link up here where we do a tutorial on how to trademark your brand and how to come up with a good name and all those type of things and that's something that we're going to include in that program so so there are other ways to do it they're a little bit less expensive anyway that's it for today I hope you're having a great day I also have a free training I'm gonna link up up here if you want to watch a replay of the webinar that I did several months ago that has gotten a lot of positive reviews you can go ahead and do that that's it for today folks have a great day don't forget give us a thumbs up comment below if you've got a question you know just type trademark and let me know that you're listening that you understand what I'm saying or if you just have a comment that you want leave a comment below and ask a question that's fine we'll use that for future videos we do not answer illegal questions in YouTube comments that is a big no-no don't forget to subscribe yeah that's down here and hit the little Bell thingy and can get notified whenever we post new videos we're posting videos about once a week going forward for my DIY members I'm looking to do a Q&A call every Friday for them I don't th

Thanks Leanora your participation is very much appreciated
- Dominick Cashett

About the author

Dominick Cashett

I've studied film at Southern Virginia University in Buena Vista and I am an expert in non-fiction writing. I usually feel chipper. My previous job was highway maintenance worker I held this position for 28 years, I love talking about pyrography and horseshoes. Huge fan of Shia LaBeouf I practice skeleton and collect sneakers.

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