TM Express™
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It's ideal to have comprehensive research conducted & the application filed PRIOR to launch. The reason being is that before you invest time & money into the brand, you'll want to ensure that the name is legally available.
The USPTO (US Patent & Trademark Office) does give you the ability to FILE for a Federal trademark before the mark is in use. However, you must be conducting business in at least 2 states before they'll grant you the registration. Since the filing process can take about a year (sometimes longer!), you'll have plenty of time to file any additional forms to take your application from pending to registered.
Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Hope that helps! I wish you much success & happiness in all your ventures! |
wild_eep
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The wise IP lawyers would have you register your mark. Ultimately, they are right.
BUT it's not a clear cut area, because we're talking about strategy and money, not legal compliance. You can ASSERT that yours is a trade mark right now by putting "TM" after every rendition of it. This is fine. Don't put the little R in a circle; that means registered and you're not, so that would be fraud.
Did you ever wonder why 20th Century Fox didn't turn into 21st Century Fox when the millenium rolled around? Because they forgot to register the new name, and some clever clogs did it instead. Rather than do a deal with him, they're now just called Fox.
I think I'm with the lawyers here, especially if yours is a mass market product. The registered mark will be worth the spend. |
JFAD
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A trademark, or "mark," is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or combination of these, adopted and used by a company to identify its products or services, and distinguish them from products and services made, sold, or provided by others. The primary purpose of marks is to prevent consumers from becoming confused about the source or origin of a product or service. Marks help consumers answer the questions: "Who makes this product?," and, "Who provides this service?" As consumers become familiar with particular marks, and the goods or services they represent, marks can acquire a "secondary meaning," as indicators of quality. Thus, established marks help consumers answer another question: "Is this product or service a good one to purchase?" For this reason, the well-known marks of reputable companies are valuable business assets, worthy of nurturing and protection. The law governing marks essentially is consistent, regardless of the kind of product or service identified, or the nature or appearance of the mark employed. However, marks often are categorized according to the type of identification involved. The most commonly encountered categories aretrademarks, service marks, and trade dress. Trade names are not marks, although a trademark owner should know something about them.
Use of a mark is unlawful and cannot result in trademark rights if the mark already has been appropriated by another. Consequently, when a new mark is proposed and before it is adopted, a trademark attorney should be consulted and a search commissioned to determine whether the mark is available for adoption and use. Searching minimizes investments in marks that cannot be used while preventing the inadvertant infringement of marks held by others. A mark should not be adopted or used if the search indicates it is likely to become confused with a mark adopted by someone else.
Rights in a mark generally are not recognized unless, and until, the mark has been used by its proprietor. Once a mark is used in the proper way, it is protected at common law and may be registered. "Civil law" countries (roughly two-thirds of the world's nations), usually do not require the use of marks prior to registration. Nevertheless, most require that marks be used within a short time after registration, usually three years. If a registrant fails to use a mark within the specified period its rights may be held abandoned and its registration canceled. Thus, even in countries with a civil law system the use of marks is very important. The use of marks is of little or no benefit if the marks are not used properly, in accordance with trademark laws.
Use "TM" on your product until registered. Once registered you can use the circled "R" [for Registered]. Registration can take about a year. |
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