Legal Question in Intellectual Property in New York

copy right

What is the fee to file for a copyright or trademark of a word for a clothing company ?


Asked on 1/04/08, 5:57 pm

3 Answers from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: copy right

You can't copyright a word. As far as a trademark is concerned, fees vary depending on how you're filing and for how many classes. The basic electronic filing fee is $325 per class. If you file for an intent to use, there's an additional fee when you begin using the mark in interstate commerce. However, if you're starting a business and the mark is essential to your business, you should have a search done with a professional firm which can then be analyzed by a lawyer. You can do all this yourself but why risk a problem down the road after you inest money in your brand only to find out that there's a Ma and Pa operation in South Florida that uses the same name for dresses. You can find out a good deal by doing some homework: go to www.uspto.gov and read.

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Answered on 1/04/08, 6:05 pm
Nancy Delain Delain Law Office, PLLC

Re: copy right

There's a big difference between the fee for a copyright (fill out a form and send it in) and the fee for a trademark (fill out a form and negotiate with the US Patent & Trademark Office).

Each attorney charges his/her own fees and we won't post them because there's a US Supreme Court case out there warning lawyers against price-fixing. However, you are welcome to contact my office for fee information.

The Copyright Office charges a fee for filing the form to register copyright; the US Patent and Trademark Office charges a fee for filing to register a trademark. These bits of information are available on the respective websites: www.copyright.gov and www.uspto.gov.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 1/04/08, 6:08 pm
Kristen Browde Browde Law, P.C.

Re: copy right

Some of the information posted so far has been correct, at least one item is incorrect.

You can't copyright a word, but a word may be used as a trademark - one example is Guess, as in Guess Jeans. But trademarking is a complex subject, and whether your specific use can be registered as a trademark is a question that can't be answered without detailed exploration.

I handle trademark registrations for a flat fee, which I'd be happy to discuss with you at your convenience.

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Answered on 1/04/08, 7:30 pm


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