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How much total to file a trademark in order to protect my domain name?
I am an artist with an idea to sell gift cards and touristy stuff online. I am not officially a business, I just want to make some money on the side by selling cards and t-shirts.
Attorney answers (3)
Reputation Level 12
Answered over 2 years ago.
Foreclosure Attorney in Chicago, IL.
Lisa,
You can visit the the trademark office website for details at www.uspto.gov. As for the details on trademark costs and LLCs, you should discuss the details of your business plan with an attorney experienced in handling intellectual property. While it may seem like a small business now, it has the potential for growth and you should discuss forming a business entity to protect your intellectual property and your personal assets. Keep in mind cards, t-shirts and domain name all have the potential to present infringement liability, it is wise to protect your interests early. Feel free to contact my firm to discuss the details of your potential business. This response is informational only and not legal advice. Further, this response does not establish an attorney client relationship. 1 person marked this answer as good
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Reputation Level 9
Answered over 2 years ago.
Intellectual Property Law Attorney in Chicago, IL.
Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship.
You do not need to be incorporated or otherwise registered as a business entity in order to file a federal trademark application. However, there may be certain issues to consider relative to tax implications as well as liability. So you might wish to contact a corporate generalist who might assist you in setting up an entity if you so choose. As for trademarks, you must actually be using the domain name as a trademark in order to obtain a federal registration or to have common law rights in general. You can file an intent-to-use application, but the mark will not register until you prove to the Trademark Office that you are using the mark in commerce in connection with your on-line retail store services featuring cards and t-shirts, etc. Feel free to contact me if you would like additional information. My firm is located in Chicago. 
Reputation Level 7
Answered over 2 years ago.
Intellectual Property Law Attorney in New York, NY.
First, the thoughts already offered here cover well the inquiries you have made. To answer your question about the Intent to Use trademark application, there are some different filing costs associated with that type of application. Basically, the same initial filing fee applies to such an application, and the process for prosecuting the application generally is the same, but you cannot secure an actual registration without using the mark and demonstrating that use to the Trademark Office.
So, where does that leave you? Well, once the trademark office clears your intended trademark it will issue what is called a Notice of Allowance. You will have six months from the date that Notice of Allowance issues in order to file a Statement of Use. The fee charged by the Trademark Office for filing that Statement of Use is $100.00. You can allege use of your trademark before a Notice of Allowance is issued—the fee for doing so is also $100.00. If you do not have use of your mark within six months after the Notice of Allowance issues, you can file for a six-month extension before that initial six months expires. You can get further extensions upon a showing of good cause for a period aggregating not more than 24 months. The fee charged by the Trademark Office for filing for these extensions currently is $150.00 per extension. Please note that this information is for informational purposes only and is not legal advice and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship. I recommend you discuss your options with an attorney who can help tailor the process in a manner that will work for you and advise you appropriately. Related Questions3 Attorney answers: 
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