Trademark registration and search is not costly [Expert Advice]

Last updated : Sept 10, 2022

Written by : Lindy Vails

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Trademark registration and search is not costly

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What is the difference between copyright trademark and patent?

What Is the Difference Between a Patent, Copyright, and Trademark? A patent protects new inventions, processes, or scientific creations, a trademark protects brands, logos, and slogans, and a copyright protects original works of authorship.

What are the 5 types of intellectual property?

Patents. The U.S. Patent and Trademark Office grants property rights to original inventions, from processes to machines.
Trademarks. Trademarks protect logos, sounds, words, colors, or symbols used by a company to distinguish its service or product.
Copyrights.
Trade Secrets.

How do I buy intellectual property?

The only way to buy it is through legal avenues. Any time anyone is selling any kind of intellectual property, they should have all the legal documents regarding the creation or invention; like a copyright or patent declaring their ownership. If the paperwork cannot be produced, buying it is not possible.

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.

Who can apply for copyright?

Who Can Register a Copyright? The creator of the work and the person who has obtained rights to the original work can register for the copyright. It'll be called 'work made for hire' if the said piece was created during the time of the employment.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What are the 4 types of patents?

Utility patent. This is what most people think of when they think about a patent.
Provisional patent.
Design patent.
Plant patent.

What is a trademark secret?

A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.

How do you avoid copyright?

Do not copy anything.
Avoid non-virgin development.
Avoid access to prior design work.
Document right to use.
Negotiate for enhanced warranty and indemnity clauses.
Document your own work.

Can you sell trademark?

Selling a trademark, also known as trademark assignment, is the act of transferring ownership of a trademark in your name to another person. A trademark sale is possible in India. Through the trademark assignment process, the owner of a trademark can sell it to any individual or legal body.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Can I sell my patent?

A patent is a crucial legal document and affirmation that grants possession of an invention. To obtain revenue from the concept, it is necessary to promote the patent, license utilization rights, or market the product yourself. In other words, one can sell the patent.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you buy a trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

How many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

How do you copyright a logo?

All you need to do is register your ownership of your copyright with the Office for United States Copyrighting. You can do this either by sending a document in through the mail or submitting an application online. Typically, and at the time of publication, it costs between $35 and $85 to officially copyright a logo.

How many years copyright is valid in India?

It is protected for a limited period of time. What is the term of protection of copyright? The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

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Comment by Cathleen Machuga

so you want to trademark a brand first off i think it's a great idea if you're an e-commerce seller especially an amazon seller to go ahead and to brand your products because it really allows you to differentiate yourself from your competition and in addition it's going to protect your phrase or your brand that you're going to be trademarking here so today i'm going to share with you guys step by step how i actually go through the application you do not need a lawyer however it is recommended by the united states patent and trademark office but for me and you know just being an individual seller third-party merchant on amazon it's sometimes best to go ahead and do this yourself because honestly it's fairly easy to do so so today i'm going to take you step by step on some things that we need to do before we start our application then we'll get into the application for a golf brand that i'm trademarking and we'll finish it up so you know what to do next okay so the first thing that you have to do before you even get into your trademark application is to understand what your brand is and what are you trademarking for us today we are going to be trademarking the brand of vibrae golf it's italian for to live golf it's a brand i'm going to be using for some training aids coming up here in q4 during the holiday season so there's a link in the description and this is going to be our trademark like sorry trademark electronic search system we're going to search for that trademark brand and you're going to be searching on your behalf for your trademark brand to see if someone is actively using it if someone is actively using your trademark you cannot use that so you'll have to find a new brand name so the first thing that we're going to do is we're going to go to this section where it says select a search option and we're going to click this first one where it says new user once you click that there's one thing to do on the left here and we're going to type in our trademark brand i usually filter this down to just the live trademarks i really don't care about the dead trademarks that aren't active uh and then i'll go down to search term here so again ours was vivare golf with the space between them type in your trademark here after you do that click submit query and you're either gonna be brought to a screen where it says there are no records found which is great so that means that i can use and trademark this brand name as is now let's go through an example where we do find so i'll just type in vibrae live trademarks and as you can see there are a lot of live trademarks just with the vivre name in them or by itself so if you come across here and you see a lot of trademarks that have the existing brand name that you want to use odds are that you cannot use that i mean you could go into each one of these and see what class they are trademarked under but it's really going to take a lawyer to come in here and fully understand if you can or cannot do it my word of advice is if you have all of these listed here for your trademark name that you want to use go ahead find something different it isn't the end of the world so for us when we searched it for vibrate golf it was not located on here so that's assurance that i can go ahead proceed with my application and i can make sure that it gets submitted and approved next we uh we need to go and figure out if we're going to be doing a logo for our trademark or if we're just going to do basic text so i want to do a logo that has this cursive like text it's uh dr defoe text so i'll be doing a logo for this demonstration for you if you really don't care if it's um you know the design of the trademark itself you can just do a basic formatted text and uh you don't have to go through this entire process however if you do want to do a logo make sure you use some type of software to create it like this and then you're going to want to save it as a jpeg file i'm using canva.com great free online software that you can use you can go ahead and create free logos such as this simple one right here make sure that you save it in a jpeg format because that's the only format that they will accept and then you want to make sure that your file size is under i believe it's 944 pixels on either side as you can see this is a thousand by thousand it's too large so we need to reduce that down to uh 500 by 500 i think the minimum is 250 by 250. so just make sure you're within that and turn the quality up and then i will save this and download it to my downloads folder alright so that's step two we're almost there to the application step three in the final step before we can actually get into the application and please do these steps because it's going to save you time the last thing you want to do is submit an application and it gets denied by the government because you didn't follow some of these steps or you didn't do your due diligence that you need to next we are going to be searching the trademark id manual so this manual is an assortment of all these classes that are filed and services on behalf of people like us and companies now we need to search this because in order to decide if we're going to go with the teas plus or the t's standard application two different applications we need to make sure that there is a class that's out there that relates to our products if there isn't a class that relates to our product we're going to go with the more expensive option which is the teas standard and it's about 350 dollars per class or service so let's say that you have a brand where you are selling wallets you go ahead you fill out this application you get your trademark for that specific class now that does not mean that you can go and use your brand name to sell stereo equipment or lights because that trademark is only eligible in that class or service so that's one thing to keep in mind is that you're only trademarking within a specific narrow niche per se and that's one thing you have to keep in mind when you're going about this so in here what you want to type in is what your product is so for us it's going to be a golf training aid i'm just going to take golf training to see what we have so you can see a bunch of different classes come up i do not pay attention to the ones that are strikethroughed and then just focus on the ones that relate to your product so we're going through these uh it's a golf training cage that would not relate to my putting device that i'm creating the next one golf practice platforms it's a golf apparatus that would work for what i'm doing and but i'm going to take a look at the rest of them just to make sure this third one down here a motorized golf tripping practice aide nope mine's not motorized and it's not a brace that will be worn on the hand so if you're if you type this in and you can try a couple different searches maybe golf aid next but if you find one that's good news you don't really remember this yet because you will search this later on the application but if you search this and you couldn't find anything or anything that related to your product you're going to have to go through th

Thanks for your comment Cathleen Machuga, have a nice day.
- Lindy Vails, Staff Member

Comment by Newton

Thanks for this interesting article

Thanks Newton your participation is very much appreciated
- Lindy Vails

About the author

Lindy Vails

I've studied biomolecular engineering at Stony Brook University in Stony Brook and I am an expert in counseling psychology. I usually feel drunk. My previous job was sales floor stock clerk I held this position for 2 years, I love talking about cue sports and sudoku. Huge fan of John Candy I practice olympic sports and collect ephemera.

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