Legal Question in Intellectual Property in California

Re: Do I Need To File For A Trademark?

In the US, marks can be protected from the first date you use them in commerce. Mailing them to yourself in a sealed envelope and then never otherwise using them in commerce with your goods/services won't get you trademark rights (copyright, maybe). In fact, a trademark even after you register it can become abandonned if you fail to use it. Your sealed envelope might show you had the idea first, but it is first use that is most important. Also, you mention several types of goods. All goods/services are organized into "classes" and your mark has to be used in connection with the goods/services from one or more classes. Both state and federal Trademark Registries charge the same fee PER CLASSIFICATION for registration (although one application may cover several classes). Finally, a California trademark, which will secure your rights in California only, will not preclude your filing for federal registration later. But whereever you file, you will need to prove use in commerce at some point in the application process. Feel free to visit my website at www.lawwords.com or to call me toll free at 800-693-9110 if you have more questions.

Re: Do I Need To File For A Trademark?

Mailing it to yourself might prove to be helpful at some point but (aside from registering with the USPTO) the most important thing to do is to use the mark in commerce. That means you should advertise for the sale of goods bearing your mark. Keep notes and evidence of the day you first used the mark in commerce.

Your web address could qualify, but you have to have some content on the site. Just owning the URL is not enough.

To register the trademark is less than $400. Get on it.

Re: Do I Need To File For A Trademark?

In addition to what the other attorney said, the guy who trademarked "Three-peat" was then-Lakers coach Pat Riley. I don't know for sure, but I bet Riley didn't get the trademark by mailing it to himself in an envelope. My assumption is that Riley was well able to afford a consultation with a trademark lawyer.

Re: Do I Need To File For A Trademark?

You do need to register the slogan as a TM. Slogans are very very hard to copyright since they are usually common language. The slogan has to be associated with goods are services to be registered. It is also specific to a certain class of goods or services. For example, there is an application for the mark "Your'e Fired". (I don't think is Donald Trump's and yes the spelling is incorrect) The application is to use that mark to identify shits, hats, towels, cups, pens, items used for commercial marketing. Yes "shits" is actually in the application as found online. (Doesn't give one confidence in the applicant does it?) Simply making the statement, you're fired, putting it in a novel, brochure, screenplay, song, or whatever, is not a violation since it isn't being used to identify a good or service.

Filing in CA only protects the TM in California and does not extend to any other state. If you operate a local business, not a problem. If you operate a business with a national scope, better to file federal application. The incremental cost is worth the headache of finding a legitimate user of the mark in another state when you do want to go national.

I routinely file TM apps, and would be happy to assist you.