Legal Question in Entertainment Law in Illinois

How do i go about getting a trademark in as least time as possible?


Asked on 7/16/10, 4:13 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Contact a trademark lawyer to discuss this. Your question indicates you have no basic understanding of trademark law and need professional guidance and assistance. In the US, you get a trademark by using the trademark in association with goods in commerce, so it can be obtained instantaneously. Perhaps by "get a trademark" you are referring to a trademark registration, which can be applied for very quickly by a trademark lawyer, sometimes even the same day you provide the required information and fees to the trademark lawyer. The actual registration process takes a year or longer because the Government examinations trademark applications before granting registrations, but the application confers priority rights as of the date it is filed. The Government want to make sure the applicant is entitled to a registration before granting one. I do my clients' applications for trademark registration the same day I receive the information and payment. Call if you want fastest and highest quality service.

A registration is rarely needed "in as least time as possible", as use in commerce creates priority rights. Real quick registration is usually only a necessity in the event of certain types of active or imminent trademark infringement.

In Illinois the quickest registration is an Illinois Trademark Registration, which can be obtained in about a month and at an incredible low price, since the official fee is only $10 and attorneys will charge $200-$1000 for preparing and filing an Illinois trademark application. However, there are a number of reasons why it usually makes much more sense to file a Federal trademark registration. A Federal trademark application will cost you about $500-$1000, including attorney fee, if there are no unusual requirements due to your situation being unusual. The main reason a Federal registration usually makes more sense is that an Illinois trademark registration is only effective in Illinois and only confers priority in Illinois, while a US trademark registration covers the entire USA and confers nationwide priority as of its filing date.

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Answered on 7/17/10, 9:59 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

To complete an application for federal trademark registration with the US Patent and Trademark Office (USPTO), you will need to file an application, using the USPTO TEAS system, including: proposed trademark, owner of mark, first use of mark, description of mark, listing of �goods or services� covered by your application, and a specimen of the mark.

Contact our experienced Intellectual Property attorney to submit an application for federal trademark registration on your behalf..

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 7/19/10, 11:58 am


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