Legal Question in Intellectual Property in New York
trade mark
about to do a trademark on line for a name of a new company, any tips or pitfalls i should watch out for ?
2 Answers from Attorneys
Re: trade mark
My colleague's response to you is quite correct; the Trademark Manual of Examining Procedure (TMEP) is the Bible of trademark registration. However, the TMEP is huge and is written in governmentese. Here are a couple of pullouts from it to which you might pay particular attention.
"Online" is an international forum. You might want to check your mark's availability in other countries.
You might want to check the databases of corporate/LLC/LLP names in all 50 states, plus territories and possessions of the US as well as the trademark registries before you try to register your mark.
For federal registration, you must do business across state lines; else you can register your mark in your state. State registration does not fall under the procedures in the TMEP, and it is valid only within the state where the mark is registered.
This information is general only and should not be construed as legal advice. For advice on your specific situation, consult your attorney.
Re: trade mark
Read through the Trademark Manual Examiners' Procedure guide at www.uspto.gov.