Legal Question in Intellectual Property in New York
I have a phrase that I would like to trademark, how do I go about doing something like that.
3 Answers from Attorneys
Registering a trademark is a multi-month process that starts with an application filed through the U.S. Patent & Trademark Office.
As the other attorney says, the trademark process currently takes over a year to process through the USPTO. You should do a search first, before filing the trademark application and paying the filing fee. This is not a do-it-yourself project. Consult with a trademark attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
You can go to www.uspto.gov and do it yourself. If you file electroncally, your fee should be $325. However, I find that once the USPTO respon ds with questions or comments, applicants often contact an attorney. In your case your slogan may not be eligible. Think of a trademark as a "label" for goods not merely a decorative item. In the latter case the USPTO may reject an application. Also, you didn't indicate whehter or not you're currently using the mark in interstate commerce as that affects how you apply. If you are using the mark, you will also need to provide a specimen depicting how the mark is applied to the goods/services it's identifying. I agree with the previous response as to hiring an attorney as I suspect DIY will cost your time and, in the end, perhaps money should you have to eventually hire a lawyer to undo any mistakes
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