Legal Question in Intellectual Property in California

These are good questions to ask, especially when starting up a business from scratch. My practice focuses on startups and small/medium-sized businesses so I'm used to advising clients that they should ask these questions.

To answer your questions...

1. You can do this yourself but I would recommend using a lawyer to not only get an unbiased look at the situation (in this case, a trademark) but also to save you time and money later (litigation or threatened litigation is always a big problem as well as potentially having to change your trademarked name later due to an infringement). A good lawyer can help you to prevent spending time and money later. They are kind of like insurance - if he/she is doing the job right it will protect and prevent future problems that may come up later.

2. The total cost for trademarking will be the filing fee with the Patent and Trademark Office (PTO). Typically the PTO cost is about $300 depending on how you file it and the number/types of classes. I typically estimate a total cost (costs, fees and expenses) of about $1,000 for trademark filings.

3. Make sure you are setting up a separate entity for this business to protect your personal assets and those of your business partners. There are a bunch of other tips I could give with more information about your situation (they would also make this post way too long).

Feel free to contact me directly to discuss more in depth.

All the foregoing is sound advice. You should familiarize yourself with the Web site at www.uspto.gov. Look at the trademark search functions first, then when you've determined that your proposed mark is probably available, become fully conversant with the on-line application rules and procedures (if you decide to do it yourself). The Web site is government-issue and NOT particularly intuitive or forgiving. I believe the fee is $325 per classification.....and be sure to figure out BEFORE committing to pay the fee, how you will handle the following aspects of your on-line application when the application program asks for it:

1. The international class number or numbers that will apply to your goods or services;

2. The data file format requirements for submitting a proposed trademark that isn't just plain text;

3. Whether your application is based on use in interstate commerce or proposed future use in interstate commerce. Don't claim use unless you have proof.

4. Who will be the owner of the trademark (entity type and name).

5. Whether you need to "disclaim" any word or phrase that's part of your trademark's text.