Trademark Inquiry

[seavey63]

Hello, I am starting an online business selling custom products. I have been reading up on TEAS and TEAS-plus forms, but do not understand the language. I have contacted a lawyer, but the fees are too high for me at the time. I have also checked legalzoom.com. I am wondering if anyone has any input of how to FEDERALLY trademark a name and logo the cheapest and easiest way that is legitimate. The USPTO "search" is clear of my business, but a lawyer claims of a "clearance search" are these one in the same? Please help if you can! Thank you much!

Dan.

 

[fredrikklaw]

There are simpler ways!

You really don't need to go to all that trouble, fuss, and the (unnecessary) expense in order to safeguard your company's liveries, because whatever protection may seemingly be available by expensive "trade marking" will be on offer just the same by the normal, run of the mill stuff that one needs to do when starting a company. By that of course, I mean the very first act of registering your company, whether it be registering a fictitious business name with the local municipality as a sole proprietor or an incorporated entity registered with the state.

What it comes down to basically is the very much adhered to tenet of First in Time, First in Rights!

The date you register your company with any government at any level in your state, that name is yours and yours alone, with the same principle applying to business identities, or logos. So whoever registers the same name or uses the same logo a minute after you, is in an actionable violation of trademark and name rights; yours that is.

And there is a very simple, economical, and fool proof way to protect your company logo from infringers as well. That you do by signing and dating an original artwork of the logo (if it was designed by a professional graphics arts company, have the company and the artist sign the art work as well) then placing the art work in an envelope, but do not seal it yet. Then take the envelope to the post office and seal the envelope in front of a Post Office counter agent and have them date-stamp the envelope center all along the sealed lines of the flap and all other seams. Then address the envelope to either yourself, your accountant, or your attorney and mail it. And that is it; you are trademarked for all intents and purposes from that point on. Needless to say that the envelope should remain sealed for time indefinite or until such a time that it needs to be presented as proof your ownership of the logo in any legal proceedings.

Good luck with your business venture!

fredrikklaw

 

[seavey63]

Re

If I am understanding this correctly, by placing the original name and artwork logo in an envelope and having it postmarked along the sealed line and sending it to myself and accountant, I am FEDERALLY protected against and infringement and am considered the holder of the rights to the business name and logo? Thank you again!

Dan.

 

[lawinc2]

After examining the examples of custom product business, now it's time to decide whether this business model is the right one for you. As for the initial investment, it can be modest or somewhat large, depending on the type of products to offer.