Legal Question in Administrative Law in Maryland

Re: how to trademark

You can trademark your brand name through the U.S. Patent and Trademark web site, http://www.uspto.gov , paying the fee with a credit card and supplying the USPTO electronically with the information they ask for on their form. That said making sure that you have a trademark that is not subject to challenge involves alot more than that; just because you register your mark doesn't mean that you ultimately will have rights to the mark, and also doesn't protect you in other countries. The risk you take by devoting little expense up front - - including working without a lawyer - - to protecting your mark, is that, if your mark takes on secondary meaning and therefore value, someone may successfully challenge it and at that point you would have lost more in value than you would have spent initially. We can assist with making sure that your mark has the protection to the extent that the law allows and also with the important related legal issues of starting a new business, working with suppliers, and so on; our toll-free number is 800-537-6930.

Re: how to trademark

First, once you come up with a name and logo, it is advisable to do a search to see if it is presumptively available. Then, if it is, you file a trademark application with the USPTO if you have used the mark in commerce, and an "intent to use" application if you have yet to do so. It is generally a good idea to have an attorney do this.

Re: how to trademark

There are important issues involved with starting a business that you should be aware of and the assistance of an experienced tax/business law/intellectual property attorney will yield value to your business greatly in excess of the professional fees/costs:

(1) Formation of a business involves important business law issues (choice of business entity, business and tax incentives available to certain business entities, business finance options, etc.)

(2) Federal and MD tax issues need to be carefully considered in choosing the optimal form for your business (corporation, partnership, limited liability company, etc.)

(3) Intellectual property issues need to be carefully worked through to provide your business with protection for the trademark of the name and logo (Preliminary Federal Trademark Register search, U.S. State Trademark Register search, and common law search (Dun & Bradstreet Business Directory, Thomas Register, etc.)). An attorney can provide the following to you: an evaluation/consultation concerning the mark, a recommendation as to classifications for the mark, and preparation/filing of the trademark application and follow-up interaction w/USPTO personnel as necessary while the application is being reviewed and processed by USPTO.

Please contact me if you would like to discuss further--I would be pleased to help you.

www.beatsonlaw.com