Trademark
https://www.facebook.com/reel/1540497396667282/?mibextid=wwXIfr&rdid=ycQTgqQ0NZ51wX7c
Trademark Protection
In contrast, a trademark is a word, phrase, symbol, design, or any combination thereof, used to identify and distinguish the source of goods or services of one party from those of others.1 For a cluster of related music, fashion, and lifestyle brands, this would apply to the unique names of the brands, their distinctive logos, and any memorable slogans used across music albums, clothing lines, websites, or associated with NFTs. The primary purpose of trademark law is to prevent consumer confusion regarding the origin of goods or services.9 While trademark rights can be acquired through actual use in commerce, federal registration with the USPTO provides substantial legal benefits.1 Unlike copyrights, trademark protection can endure indefinitely, provided the mark is continuously used in commerce and required maintenance documents are filed periodically, typically every 10 years.
Cost
https://grant.legal
the pricing and process for obtaining trademark and copyright protection. As mentioned, the pricing for copyright protection varies based on the number of applications we will be filing together. In order to provide you with an accurate quote, please let me know how many variations of the artwork you have.
Regarding your questions about the copyright filing strategy for the musical works, this is outside of the scope of the free consultation. If you would like to discuss this in further detail we can set up a paid consultation for a fee of $350 for a call lasting up to 45 minutes.
We start the trademark process by conducting a comprehensive clearance search. The search provides us with insight into the chances of success in obtaining registration as well as any risks of litigation based on prior use of a similar mark by third parties. The search takes approximately 3 business days to complete and we provide you with the report and our written opinion on moving forward with the mark.
If the search results are positive we can usually prepare and submit an application within 24 hours of receiving the green light from you. The trademark examining attorney reviews the application approximately 6 months from filing. If there are no issues with the application, it is approved for publication. The entire process from filing to receipt of a registration certificate takes 12 - 18 months if we file based on current use. If we are filing an application based on intent to use, we will receive the registration certificate once we are able to submit proof of use.
Below I have laid out our pricing for preparing and submitting a US trademark application.
U.S. Trademark Application Pricing Clearance search, application preparation, and filing................ $1400/application Government filing fee...................................................................$350/class
For an intent to use application, we will need to submit proof of use eventually. We would only file an intent to use application and the below fees would only apply if you are not using the trademark in the US in relation to the relevant goods and/or services at the time of filing. The fees for submitting proof of use in due course are as follows: Declaration of use attorney's fee.................................................. $500/application Declaration of use government fee................................................ $100/class
If you are not ready to submit proof of use when the time comes to do so, we can request an extension of time to submit proof of use. The fees for requesting an extension of time are as follows:
Extension of time attorney's fee................................................. $500/application Extension of time government fee............................................... $125/class
Generally, no additional costs are involved unless there is a refusal of the application based on a prior-filed application or based on the mark being descriptive of the goods/services offered.
If you are interested in moving forward with the trademark application, I would need some information from you. You can provide this information by completing this form. Once received, I will send over our legal services agreement for your review and signature along with the invoice.
US Copyright Application Pricing Application preparation and filing...............................................$700 per application Government filing fee...................................................................$65 or $85 per application
Definition of a Trademark
- relationship between logo tied to specific goods and services
- identifies the source and distinguishes them from competitors
- legal protection of brand
- does not give ownership of word/phrase
- can't charge royalty for people saying word or phrase
- domain name registration / DBA is not the same
Common source identifiers
- Brand Names
- Slogans
- Logos
| Mark Type | definition |
|---|---|
| Mark | |
| Trademark | |
| Service Mark | the source of services |
| composite | art & type |
| non-traditional | sound, color, scent/smell, motion, hologram, configuration/shape |
Common Law Trademark Rights
- created when you use trademark in commerce
- limited to geographic area where mark is used
Trademark your catchphrase
you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.
If you submit your mark in black and white, you can modify your color scheme later if you wish, and not have to register the newer incarnations of the mark.
Register the name and logo as trademarks at the federal level. Complete separate federal trademark registration applications for the name and the logo with the United States Patent and Trademark Office. Describe the stylized marks and include design sketches with the application.
Provide a sample of the mark as associated with the product. Include a specimen for each type of good offered. Sign a sworn affidavit of ownership rights and pay the applicable filing fee.
Renew your trademarks every 10 years.
Prior to your trademark’s approval, you should use your mark in conjunction with the small “TM” symbol, serving as notice of your claim to the mark – but indicating that it’s not registered with the USPTO yet. Once your application is approved, you’ll then use the circled “R” symbol to indicate registration. It’s important to use your mark properly to prevent challenges and cancellation after approval.
When registering your trademark with the USPTO, you are only entered in the United States' database; you don't yet enjoy any protections internationally. If you plan on distributing or selling your clothing in any other country, file a trademark application with that country. The bigger your brand gets and the more countries you do business with, the more trademark registrations you need.
Trademarked clothing falls under Class 25. Class 25 is one of 45 trademark classes used by the trademark office when categorizing products and services. As such, Class 25 contains clothing, headgear, and footwear, including shoes, hat frames, turbans, bath slippers, suspenders, knitwear, and various other items.
How the Approval Process Works
The United States Patent and Trademark Office will search through their trademark database to check for the availability of the mark you want to register only after you’ve already filed your application. They will inform you of the results in due time. If they happen to find the same or a highly similar mark to the one you are trying to register for the trademark, they will refuse your registration and you will not receive a refund.
If the examining attorney determines that your application meets the legal requirements for approval, he or she will approve your mark for publication in the United States Patent and Trademark Office’s weekly magazine, the “Official Gazette.” During the 30 days following publication, anyone who thinks they may have been damaged by the registration of your mark can file an opposition to the registration or a request for the extension of opposition time.
If such a case arises, an opposition will be held before an administrative tribunal within the United States Patent and Trademark Office, the Trademark Trial and Appeal Board (TTAB). If the opposition does not yield any results for the party that filed it, or if no opposition is filed whatsoever, your trademark registration will be approved and you will receive a certificate of registration by the United States Patent and Trademark Office.
Maintaining your registration is of crucial importance because you need to let the United States Patent and Trademark Office know that your trademark is in use. After your trademark registration is approved, you’ll need to file specific maintenance documents, because failing to do so will result in your trademark’s cancellation or expiration.
Also, the registration of your trademark lasts 10 years, but it’s mandatory that you verify it between the fifth and sixth year of its registration and between the ninth and tenth year of registration, to confirm it is still being used.
Responsibilities
- you must enforce your own trademark rights
- cease and desist letter
- may use your registration to sue infringing
Trademark Registration
https://www.trademarkengine.com/
LegalZoom - $599 + $250 federal filing fees
trademarkplus
trademarkengine
trademarkpremiere
- TM registration is tax deductible
- 6-12mos, approved after 3-4mos (r) , registered in 2-3wks can use (tm)
- $350 fees
- DIY is for attys
- ATTY option is more successful and filing fees is $250
USPTO
2 trademarks required
- trademark names registered in all caps
- black and white, protects you in any and all colors
- 190 countries respect US copyrights/trademark
EX:
- swish checkmark is separate from NIKE
trademark registration is time-intensive, averaging about 10 months to complete the process. The application is expensive, too, with a minimum filing fee of $325 if you prepare and submit the most basic application without legal counsel.
Register the name and logo as trademarks at the state level. Complete a state registration application in each state where the trademarks will be heavily used.
- listing of goods and services used with the trademark
- filing basis
Likelihood of Confusion Refusal
- avoid confusing consumers about the source of the goods/services.
- if it's too similar or misconstrued as related.
- evidence-based
Descriptiveness/Strength Refusal
- invented words with no meaning in any language, XEROX for photocopiers
- generic
- can't register Milk for milk