What is a trademark?

A trademark is any word, name, symbol, phrase, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Do I need a trademark?

If you are selling or promoting (or are preparing to sell or promote) a product or service under a certain brand name or logo, then yes, you should get a trademark. A trademark gives you exclusive rights to use that brand in connection your products and services. Without a trademark, someone else can start using your brand for the same products/services, which can confuse consumers about which goods/services are actually yours.

Should I trademark my brand name AND logo? Or just one?

Ask yourself these questions:

• Would you care if someone else started using your brand name for the same or similar goods/services?
• Would you care if someone else started using your logo for the same or similar goods/services?

What happens if I don't get a trademark for my brand?

If you don't get a federal trademark for your brand, then you run the risk of someone else getting a federal trademark first and preventing you from using the name. If someone else gets a trademark for the same or similar name that you want to use, and you haven't started selling or promoting products/services under your brand name yet, then you won't be able to use that name becuase it will already be trademarked. If you have already started using the brand, but someone else registers the trademark before you, then you will not be able to expand your business outside of your geographic location. The company with the federal trademark will have exclusive rights to use the brand in the entire United States. If you start selling outside of your geographic location while someone else has a federal trademark for the same or similar brand (for similar products/services), then you may get a cease and desist letter, and you expose your business (or yourself personally) to liability and litigation. Let me help you avoid that!

When is the right time to get a trademark?

As early in your business development as possible! It's best for us to start the trademark process when you are first deciding on a brand name/logo so that I can do a comprehensive trademark search to make sure your brand name/logo is available for you to use and own. If you start using a brand that someone else already has a trademark for, then you may get a cease and desist letter and will have to completely rebrand to avoid litigation. What a waste! However, if you get a trademark before you start using the brand (or in the early stages), then I can make sure the name is available for you to use and we can file your trademark application once it's cleared - giving you peace of mind as you continue to invest in your business and brand.

I haven't started using my brand name/logo yet? Can I still trademark it?

Yes! We can file an Intent-To-Use (ITU) trademark application. With an ITU application, we do not have to submit evidence of use with the initial application filing. A few months after we file, we will get a "Notice of Allowance," which means it's time to submit your evidence of use. We will have six months to provide the evidence of use. If six months is not enough time, we can get up to five extensions of six months each. There will be a $100 filing fee per class when you have your evidence of use (i.e. a website screenshot where you sell the merch), and each extension is a filing fee of $125 per class.

What is a trademark "class" and how many do I need?

A "class" is a category of goods or services that you want to protect your trademark for. Different goods and services fall under different classes; and similar goods and services may fall under the same class. For example: T-shirts and hats fall under the same class. However, t-shirts and coaching services fall under different classes. One class is included in my trademark package. If you need more than one class, there is an additional filing fee of $350 for each additional class. You will need one type of evidence of use for each class in your trademark application. See question below for proper evidence of use.

What would be proper "evidence of use" for my trademark application?

Good question! If you are offering a service, then your evidence of use can be any of the following that has the name/logo/phrase that you want to trademark on it promoting your services:

• A website screenshot
• A Facebook page
• A business card
• A flyer
• A pamphlet

Do I need to have an LLC first?

While it is not required that you have an LLC (Limited Liability Company) before you file a trademark, I recommend that you do. Keeping your business assets and liabilities in your LLC's name can help to strengthen your liability protection. If the trademark is owned by you as an individual, instead of being owned by your business, then if there are ever any liability issues with your business or brand, it may be against you personally. Also, since trademarks are assets, once your business has a trademark, it instantly goes up in value! Use our website to file your LLC online: linc.daynathomaslaw.com