Trademark Your Brand (Is It Worth It?)

Will You Make Your Brand(s) Become A Trademark?


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    3

Inquestor

Well-known member
Joined
Feb 1, 2013
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Many people new to internet marketing may not even know what a trademark really is. Some may even go as far and infringe on a trademark without even knowing it!

What is a trademark?
A Trademark is the means by which a business, be it a online or offline can make itself visible in the marketplace. A trademark can be a name, sign, design or expression which represents a product or service.


Why register a trademark?
Owning a registered trademark can be very beneficial. Here are a few reasons why you should consider to register your sign, design or expression.


Registering a trademark provides you much greater protection over your mark.

- Gives the owner of the mark exclusive protection in the good & service it is registered under.
- Protects your sign, design or expression from being slandered, abused or used else where.
- Deters other businesses, websites or people from the unauthorized use of your trademark.

As well, the registration certificate makes for a great picture on your wall ;)


How can one search for preexisting trademarks?

Most trademarks associated with internet marketing are registered with the United States Patent & Trademark Office (USPTO). The main reason for this is the majority of webmasters target US traffic in some sort of way.

For me I use the following when searching for preexisting trademarks:

Trademark Electronic Search System (TESS)
Canadian Intellectual Property Office

By far the United States is way ahead of Canada's poor website designs and functionality.


How does one go about registering a trademark?

Well, you can do two things. A - register the mark yourself or B - hire an Intellectual Property (IP) Attorney to do it for you. Note: My comparisons are based on dealing with the USPTO.

Registering your trademark yourself.

Pros:
- Cheaper ($350-$xxxx) depending on how many G&S your trademark consists of.

Cons:
- If you receive an "Office Action" you may not know how to respond.
- May not file your trademark application properly.

Hiring an IP Attorney

Pros:
- You will most likely have your trademark make it to the finish line and become a Registered Trademark

Cons:
- Expensive. To register a trademark with 1 class my IP Attorney charges $1500 - (x xxx) depending on how many office actions are received.


Where do you register your trademark?

USPTO TEAS

Note: Make sure you click on the first link (Principle Register). I have made this mistake and it resulted in an abandoned application.

What have you done?

Well, lets just say the first time I attempted to file an application to register a trademark I didn't fill in the G&S. I was like what is a goods and service? The mark I am trying to register? The result was immediate abandonment of my application and $350 down the drain. (Make sure you fill in your G&S!)

Anyway, after that I now "know" what to do, so I register the trademarks myself. When a problem arises I then pay my IP Attorney to step in the help me out. Yes, the best of both world, but costly...


Well, it has been a fun ride, that's for sure. I posted this in Content Management only because it dealt with copyrights, another form of intellectual Property. If you have any questions on how to go about this, feel free to PM me at any time!

Enjoy! I know I have;)
 
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