Who can file my trademark for at the least expense?

I am an artist who wants to sell art cards and t-shirts online for fun and a little profit.

I bought the domain name and want to protect it, since it will ultimately be my "business" name.

Since I'm pursuing this in my spare time and don't have much money to put into this process, who can do a trademark search and submit my application for the fewest dollars?

Thanks!

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Answers (4)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Trademark application fees to the USPTO are non-refundable, and about half of the applications filed get abandoned or rejected, with those that get accepted taking about a year to issue, so I respectfully suggest you think quality, not quantity. Hiring a good lawyer is no guarantee your trademark applciation road will be smooth, but I can pretty much guarantee that if you use LegalZoom or a trademark book and never consult an IP lawyer that your road will be bumpier. Modest aspirations notwithstanding, if you're going to do this, you might as well do it right.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Boris Umansky

Boris Umansky

Contributor Level 4
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.

Not sure if it was you, but someone else from Chicago posted a similar question yesterday. I am not sure if you qualify, but you might wish to contact the Lawyers for the Creative Arts organization in Chicago. See their website link below.
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Arieh Mordechai Flemenbaum

Arieh Mordechai Flemenbaum

Contributor Level 5
I would agree with my colleagues, and I would add that you should consider using a lawyer since you are likely to need help avoiding 2 potential issues that may impact your trademark application. The US Patent and Trademark Office (USPTO) may not accept your application on the basis that your mark is merely a domain name and/or that the mark is merely a trade name. Both a domain name and a trade name are distinguished from a trademark - which is used to identify the source of a product & distinguish it from similar products produced by someone else.

You indicate that your mark is your domain name. Domain names are not registrable in of themselves -since they do not identify the source of a product but merely the location for your online presence. If your mark is used in a way that would be perceived (by the "ordinary" customer) as nothing more than the Internet address where your online store is found, then your registration will be refused. However, your mark may be registrable as a trademark if you can demonstrate that it is also serves to identify you as the manufacturer/producer of the art cards and t-shirts you produce.

A similar issue arises because you also stated that the mark will ultimately be your "business" name - which the Trademark Act defines as a trade name. Trade names are not registrable in of themselves since they are used only to identify a business. If your mark is used in a way that would be perceived (by the "ordinary" customer) as nothing more than identifying your business, then your registration will be refused. as with the domain name issue, you will need to demonstrate that there are two different uses of your mark and it is being used in a way that identifies you as the source of your art cards and t-shirts.

This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. You must consult a business lawyer with experience in trademarks and E-Commerce to obtain legal advice that is tailored to your circumstances and facts. My office is in downtown Chicago and I would be happy to discuss this matter with you. Good luck to you.
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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
I agree with my colleagues. About half of my trademark clients come to me after they have filed their application through a company like LegalZoom and they get their first Office Action from the USPTO and they have no clue how to respond and Legal Zoom will not help at that point.

You are better off working with an attorney now and get things handled properly from the beginning.
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