Trademark registration legalzoom [Deep Research]



Last updated : Sept 13, 2022
Written by : Tamisha Dyett
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Trademark registration legalzoom

Does LegalZoom work for trademarks?

LegalZoom's Three Easy Steps process makes it simple to apply for trademark registration online. And since our process was developed by experienced attorneys, we guarantee your satisfaction!

Can I register trademark by myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

What is the cheapest way to file a trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

How much does it cost to register a trademark?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

Do I have to trademark my logo?

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 do I trademark my logo?

How to Trademark a Logo. 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 – 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.

How long does a trademark registration take?

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.

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 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.

Where is the best place to trademark a name?

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

What is the best way to register a trademark?

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.

How do I register my brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Is a trademark worth it?

Protect Sales: Registering your business name for a trademark protects your sales by preventing consumer confusion. For example, if another company uses the same or a similar name to yours and sells a similar product, customers might think they're buying from you instead of your competitors.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

How much does it cost to trademark my logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

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.


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Trademark registration legalzoom


Comment by Kenda Mirmow

so you're thinking about getting a trademark for your business and wondering shouldn't I use one of those cheap online services like Legal Zoom instead of paying a bunch of money for an attorney the answer is maybe but before you do consider this first from a business owners standpoint I get it we all want to save money so if I can spend three hundred bucks on some online service provider instead of a thousand dollars on a trademark lawyer it seems like it makes sense but there's a few things that we don't think about first LegalZoom and these online service providers they are not your attorney they're just some online warehouse that has you fill out forms and get your trademark thing on file it's like the Walmart of legal services but it's a legal service it's just an online service just think about this if you've been putting all this time money energy and effort into building your business and then you have something so important like protecting your name do you want to trust it - like a bargain bin cheap online service that might screw it up I mean if you had to get brain surgery would you go to a brain surgeon or would you go to a cheap online service that has a back alley professional it's gonna I don't know cut your brain out and put a new one in of course you would want someone that has some quality and that's why working with the trademark attorney is important when compared to Legal Zoom attorneys have your best interest in mind they file trademarks in and out and know the nuances of the law and they have your best interest in mind as the client as opposed to just one more person filling out some online forms and try to churn and burn and get them through the system the second thing is what happens if you fill out the form incorrectly or something goes wrong these online service providers can't represent you they're not attorneys you then have something where you paid a bunch of money to fill this online application you screwed it up you walk into a trademark lawyers office like me I look at the darn thing and say yeah I can fix it for you maybe but it's gonna cost double triple quadruple what you're paid online and it turns out being more expensive so I totally get why you might want to save some money using an online service provider but probably not good for you not good for your business and it may even be more expensive later on down the line when an attorney has to fix these problems now this might be one thing that you're thinking about when deciding whether and how to get a trademark for your business but you might have other questions like what's the value of a trademark or what happens when I don't we'll never fear we're here just visit trademark Tuesdays dot-com and you can download our free guide about how to protect and grow your business using trademarks and in that way you can make some smart decisions like oh I don't know hiring a trademark lawyer instead of using some cheap online service so it's a trademark Tuesday's com get the information you need to make the best decision for you and your business


Thanks for your comment Kenda Mirmow, have a nice day.
- Tamisha Dyett, Staff Member


Comment by riadhatO

hello hello everyone i'm rachel rogers and you are watching Rachel rogers TV thank you so much for being here as per usual I am pumped and full of energy to answer one of your very frequently asked questions and the question is should I hire a lawyer to register my trademarks or can I use Legal Zoom or some other service to do it myself now the short answer to that question is health yes you should hire a lawyer to help you with trademark registration inhales no you should not use Legal Zoom in fact I beg of you do not do it now you guys know that I never tried to convince you that you have to hire a lawyer for every single little legal need that your business has however what I do want you to do is hire a lawyer when you need them and and then be used and informed DIY method when it's something that you can totally do on your own unfortunately trademark registration is not one of those things that you can totally do on your own for a myriad of reasons that we are about to get into in this video so here is why you shouldn't handle your own trademark registration the first reason is that the application looks deceptively simple it is not simple even though it looks that way okay so you might think oh I'm just gonna fill in you know a couple of things answering a couple questions on a simple form it's not that simple and it gets very very complicated once that form is submitted and unfortunately whether your application will go through or not often highly depends on what you've initially put into that form it's not something that you can do easily as a layman and that you can always get right it's not necessarily intuitive as you might think it is in fact a huge percentage of trademark applications actually get abandoned because they were done by a business owner themselves rather than by a lawyer and when the application starts to get complicated which is right after you hit submit on the application they wind up abandoning it because they don't know what to do next so then you lose your filing fees and you know you've wasted time and there are other negative things that can come from an abandoned trademark application so that's not what you want the by far trickiest part of the trademark application is the actual description of the goods and services that are sold under the brand name under the trademark right so the trademark description needs to be both broad so that it maximizes your or protection for this particular trademark that you're registering and it also needs to be narrow enough that the USPTO will actually register us so it's a fine balance that is very hard to nail as a layperson you really need to be somebody like me a trademark attorney doing it all the time to make it easy for you to accomplish that besides that one of the other issues with DIY in your own trademark registration application is that 80% of trademark applications get an office action now an office action is a preliminary denial it looks like a legal brief it's cites case law and it scares people and that's usually when someone who's tried to do the application themselves quit right and they wind up abandoning their application now in the original application if you did not have that good broad narrow balance in your description you might be really really limited in the arguments that you can make to overcome the office action so the office action is a legal brief that requires a response usually in the form of a legal brief response right so you need to cite case law yourself and make an argument as to why the USPTO should register your application anyway even though they've identified this particular challenge with your mark so this is something that you definitely want to have a lawyer to help you get through that process it is not something that you want to attempt to do on your own the other important thing to know about the description part of the application is that later on when you need to make arguments you can make some arguments that allow you to edit your description in very minimal ways you can take away from the description but you cannot add to it so that's why it's really really important that you nail the description up front because you won't be able to add anything to it and you could wind up with a very very weak mark or no mark at all once you get through the office action process so definitely not something that you want to attempt on your own and last but not least another reason why you don't want to do the application yourself is because you are a busy you are a busy entrepreneur small business owner you have clients to serve you have things to sell you have marketing to do right you're busy conquering the world and you're have time to do things like this especially because it's gonna take you so much longer because you don't know what you're doing really right so the trademark application comes with tons of very strict deadlines that must be met okay so if you are not set up like I am because I have a trademark law firm to handle these applications and respond to deadlines in a timely manner then you might wind up missing a deadline and just screw yourself right so another reason you know what are the smaller reasons but also another important reason why you don't want to have to deal with this yourself now you may be wondering why an automated solution like LegalZoom is not a good idea for trademark applications well I speak based on experience the experience of my clients many of my clients have come to me after starting their trademark application with LegalZoom and then not being able to finish it or running into serious challenges and having to start over or have us take over and try to save the application which can't always be done so one of the main reasons why I don't recommend LegalZoom or other automated trademark services is that these plug and chug type automated services are really not good at that broad narrow balance in the description of your trademark application which is really really really really really important requirement of getting your trademark application approved by the USPTO so you actually wind up filling out a form on lego zoom and unless you answer the questions correctly which a lot of times you can't because it's not intuitive you will not wind up with an application that truly represents your business and will actually protect your brand for example you have to choose your class right which classes do your business belong in classes is very similar to industry right so when the USPTO is talking about what class you're registered and they're really referring to what industry you're in and what products and services you are actually selling so it's about the class of goods and services that you are selling and a lot of times business owners have no idea it's really hard to understand which class they should be in which classes they might be missing out on which ones make the most sense to register and for their particular business for their particular goods and services so that's the part that you really could use a lawyer's guidance on and then in addition you are entering the description or


Thanks riadhatO your participation is very much appreciated
- Tamisha Dyett


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