$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT!

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Comprehensive Research & Analysis: Federal/State Trademark & Common-Law

Federal Trademark Application

Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.

Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?

Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.

Trademark Step-by-Step Primer

1) Is it required that I register my trademark?

No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:

* Public notice of your claim of ownership of the mark;

* A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;

* The ability to bring an action concerning the mark in federal court;

* The use of the U.S. registration as a basis to obtain registration in foreign countries;

* The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;

* The right to use the federal registration symbol ®; and

* Listing in the United States Patent and Trademark Office's online databases.

2) But what if someone else already came up with that name?

While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Before you invest time, money and effort into your name, you need to have comprehensive research done, which will tell you if the name is truly available.

3) Ok, so the name is clear; now what?

To register your trademark, you have 2 options – file for a Federal or a State trademark.  If you are only going to sell your product or services in 1 state, then a State trademark is the way to go.

While anyone has the ability to go online to access these forms, it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application.  To ensure a successful filing, it's best to leave it in the hands of those with experience.

Contact us today & we can take care of all of your trademark needs.

4) You found the perfect name – now, make sure it's truly yours!

Step 1: USPTO Tess Preliminary Search	FREE
Step 2: U.S. Federal & State Trademark Search & Analysis	$200
Step 3: U.S. Common Law Search & Analysis	$200
Step 4: USPTO Trademark Application Preparation	FREE
Comprehensive Trademark Package Minus Reader Discount Total Comprehensive Trademark Package . . . . . . . . . . . . . . .	= $400  - $50 = $350
USPTO filing fee $275 per class.

$50 DISCOUNT!

Exclusively for you

Comprehensive Research & Analysis: Federal/State Trademark & Common-Law

Federal Trademark Application

Order Today! 800-776-0530

Current TradeMark Express Special - Save $100 off your next trademark order!

Order by tomorrow, Tuesday, November 5th and take $100 off your next trademark order!

TradeMark Express is currently running a post-shutdown special. If you've been holding off on getting started on your research and application filing perhaps taking a hundred bucks off of our Premium Package will entice you!

You may call us to order -OR- just order online. 
If ordering online, please be sure to reference this special in order to ensure you get the $100 off.

Not sure if you need a trademark? 

Anyone that's started a small business or is in the throes of starting a small business knows how overwhelming it can be just to get to opening day. You've got licenses & permits to think about, what sort of business entity structure is right, where the money is going to come from, and on and on. Phew! While it can almost be too overwhelming, your entrepreneurial drive and your passion for your business will get you through it. 

Now when it comes to your business name, we can all agree that that's an important, if not the most important feature of your business. Your small business name is the face, if you will, of your products and/or services. It's how your customers will come to know you, how they'll get back to you, and how they'll refer you to new customers. 

So your first step after you've decided on your small business name is to research it to ensure that no one else had the same bright idea before you did. Ta-da! A comprehensive trademark search is the next step and what better time to order than when you can save some dough!

Order by tomorrow, Tuesday, November 5th and take $100 off your next trademark order!

Our Facebook Page

Check out the TradeMark Express facebook page - like us for access to handy articles as well as coupons.

Speaking of coupons, we're currently running a special. Get your trademark AND save $50!

Does your business have a facebook page? There are 5 good reasons why you should.

TradeMark Express Value Package

We've added a new option when it comes to getting your trademark. TradeMark Express will search your mark in the pending & registered Federal and State trademark files AND in the US National Common-Law files. Based on your approval, we will then prepare AND file your US Federal trademark application - all for one fee of $399. Order this package today!

HOW IT WORKS:

1) US Federal & State trademark research - TradeMark Express will search the pending AND registered Federal AND State trademark files in accordance with the USPTO's policy, namely looking for similarities in Sound, Appearance or Meaning. This involves searching synonyms, spelling variations, word placement, etc.

2) US National Common-Law research - TradeMark Express will search for commercial availability of the mark in numerous files. Businesses have "first use" or Common-Law rights to their trade names in whatever geographic trade area they serve. The US National Common-Law research will help you to determine if you face any trade restrictions.

Once both searches are completed, the entire report will be emailed to you. At this point, you'll need to read through the entire report to look for any conflicts or similarities.

Should any conflicts or similarities arise, you will need to discuss them with a trademark attorney. To upgrade this package, simply contact any of our offices and for an additional $101, TradeMark Express will analyze both searches and you'll be provided with a trademark attorney (nominal fee for West Coast attorney) to discuss the results.

TradeMark Express will also email you our Worksheet with the above research. Once you're ready for us to prepare & submit your Federal trademark application, complete the worksheet and send to our Arcata office. Once received, we will then prepare and submit your Federal trademark application.

The USPTO charges a fee of $325 per class, which is separate from TradeMark Express' fees.

Trademark vs. Service Mark

Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.

The USPTO says that a "service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms 'trademark' and 'mark' are often used to refer to both trademarks and service marks."

Let's look at each term in more detail

Trademark:

The USPTO's definition: trademark "protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods."

If your name and/or logo appear on the tangible goods that you're selling, you'd be filing for a trademark. For instance, let's say you want to protect the name of your clothing line. As long as the name appears on the hang tag, label or the packaging the clothes come in, that would suffice as proof of you using the name in connection with a clothing line. And therefore, you'd file for a trademark.

If the name appears only on the front of the shirt, that's ornamental use and therefore not eligible for trademark protection.

Service Mark:

The USPTO's definition: service mark is "a word, name, symbol or device that is to indicate the source of the services and to distinguish them from the services of others."

If you're selling services in connection with a name and/or logo, you'd be filing for a service mark. TradeMark Express is our service mark that we use in connection with our trademark research & application services.

For example, you are opening a restaurant using a specific name. The name as it appears on any signage, menus, advertising, etc., would suffice as proof of your use in connection with your services.

Hear Ye, Hear Ye - Come One, Come All!

As a big THANK YOU to our blog readers, TradeMark Express is offering a never-ending, no limit, discount off of our package deal.

Simply call any of our offices and when placing your order mention that you read the blog & we'll take $25 off of our package price. You're also welcome to use our online order form or our online instant chat feature. Again, be sure to mention you read the blog & that's $25 back in your pocket.

Exciting Changes at TradeMark Express

There have been a number of changes at TradeMark Express lately that I wanted to take this opportunity to detail them here for our blog readers.

First, we dropped our fees $50 on August 14^th from $600 to $550. This is our first price reduction in 15 years! I want to reassure our clients & potential clients that a price drop does not mean a drop in services by any means. Our clients are getting the same great service they've been getting since 1992 – comprehensive research, analysis, referral to a trademark attorney and preparation & submission of their Federal trademark application. We were able to justify and absorb that price drop by streamlining some of our internal processes so who better to pass that on to than our clients!

Second, we implemented a payment plan program. TradeMark Express® understands the many expenses new business owners face; we also know how necessary comprehensive research and analysis is prior to filing. To help our clients, we have three different payment options:

$550 Our Best Deal!
$285 per month for two months = $570
$195 per month for three months = $585

Third, before TradeMark Express® conducts the comprehensive research, we will do a FREE check for the exact name at the USPTO. If there is a Conflict, we will call to inform you so you may provide us with your 2nd choice name.

That's the latest on what's going on with TradeMark Express. If you have any questions about anything outlined here, please feel free to contact me via email.

Logos, USPTO Style

This post inspired me to talk a bit about how the USPTO classifies logos.

The USPTO designates six digit coded numbers for each & every logo that's submitted. And, boy, do they get specific. Let's take a look at some examples:

020315: Women wearing scarves on their heads



This logo is registered to Duncan Sutherland who is using this logo in connection with skin care services & products.

Most logos are going to have more than one coding and this mark is no different: 020322, busts of women in profile; 020324, women depicted in caricature form; and, 261101, rectangles.

040525: Other mythological or legendary animals




This interesting logo is owned by Stone Brewing Co. for clothing. Of course, this logo is also coded for beer steins, 110302.

160108: Telephones



Sam Chiodo owns this logo for concierge services & is also coded with 021107: arms, fingers, hands, etc.; 090312: gloves; 110325: serving trays

By looking at just 3 examples, you can see how detailed the process is when filing for a trademark on your logo.

When having a logo search done, it's absolutely a priority that the correct design codes are searched.

If you've got a logo & are wondering what codes apply to you, let me know, shannon@tmexpress.com

Don't forget about the month long promotion we're running for our blog readers!

Just Goes to Show You...

how important comprehensive trademark research AND analysis is when naming your business.

Don't forget about the month long promotion we're running for our blog readers!

Logos Hoping to be Trademarked

Using this post as inspiration, I thought I'd take a look at some newly filed logos.



That little guy is Serial Number 77202055 & was filed for "non-downloadable ringtones, pre-recorded music, video and graphics presented to mobile communications devices via a global computer network and wireless networks."

Hmm, um, this next one may be a little NSFW depending on where you work. Considering it's owned by The Filthy Food Company, well, let's just say you can tell where they're going with this logo.


This take on da Vinci's Vitruvian Man was assigned Serial Number 77199434 for "Shirts; Jeans; T-shirts; Sweaters; Jackets; Pants; Hats; Caps; Undergarments; Belts; Socks; Coats"

Don't forget about the month long promotion we're running for our blog readers!

Happy Anniversary TradeMark Express Blog!

On June 2, 2007 we celebrated our blog's 1 year anniversary!

Blog, we've had a roller coaster of a ride but have persevered through it all. Here's to many more years of talking trademarks. *clinks internet glasses*

One of the reasons I missed the actual anniversary date is that we've been busy bees over at TradeMark Express. While our blog's a mere baby, TradeMark Express has been getting trademarks for our clients since 1992.

Keeping up during our busy times can be daunting but this blog is an important facet of what we offer to clients. The actual work is paramount, of course, but making sure clients feel as well informed as possible is so important. It's one thing to help clients get their trademarks; it's a completely better thing to help our clients get their trademarks AND to share our knowledge of what's what.

To commemorate our blog's anniversary, I'd like to offer our readers a $100 discount on our trademark package. Let's celebrate all month long, shall we? Just make sure you mention the blog when ordering. Offer good until Sunday, June 30, 2007.

Happy One Year!
* re-posting discount offer every day during the month of June