If you want a low cost hallmark or no price brand, you can obtain your trademark at coarse law, but I encourage you to reconsider because what may be a cheap brand in the brusque term could cost you in the farseeing term.
A common law trademark exists by :
1. Starting your brand but make sure this post name trademark is not being used by anyone else for exchangeable goods or services ; 2. Hold your brand out to the populace as a trademark ( preferably a term that is arbitrary, fanciful, or indicative but not descriptive ) ; 3. actively use your brand in the goods and services for which the hallmark is intended ; and 4. Put the very neat TM symbol beside it to put everyone on notice that your term is extra.
This rough in tilt typify criteria that create a “ Common Law ” hallmark and is not completely inclusive of everything you can do to solidify your common law rights. This common law trademark may possibly be enforced under 15 U.S. Code § 1125, which broadly provides federal protective covering for brand violation and even dilution of the mark. While this is the only “ Free Trademark ” that I am mindful of at the moment, this is in truth not the option you should take when starting your post or even preserving the trade name you have maintained for many years.
When you try to get something for exempt or to take the cheap hallmark registration route, it may come bet on to haunt you in the long run. For exemplify, if you have an e-commerce business and believe a coarse law hallmark is all you need to protect your amazon trade name, you will soon find out that a register trademark is required to be placed on the amazon brand register. second, common law trademarks are by and large only good for geographic use of the trademark with exceptions ( for exemplify, if you are using the brand across all 50 states, then you may have broadened your protection at coarse law than just your region or state ). however, when I say you may have 1/50th of the protection, I truly intend you may alone have the protection within your state or region and not across the other 49 US States since you selected the common law brand road.
One of the biggest issues with relying on park police rights is the fact that you may not be the first gear active exploiter of the trademark and could be actively engaging in brand misdemeanor under the Lanham Act. A benefit of going through the trademark registration process with an lawyer is having person behavior a comprehensive search of the USPTO Trademark Search Database and across multiple mediums for other coarse law trademarks. If you do not have a trademark lawyer nor want to hire a trademark lawyer, registering your trademark with the USPTO will at least give you a little insurance as to whether or not your stigmatize infringes on a register mark because it will be examined and then have to pass through the compulsory hallmark opposition period. Obtaining hallmark registration with the USPTO besides provides constructive detect to any third parties that you are the first gear exploiter of this trademark in commerce. however, even after registering your trademark, person could still try to have it cancelled if they have anterior common law rights, but we will not go there for this discussion !
You can surely trademark your trade name for detached by satisfying the requirements for a coarse law trademark. however, this practice does not go without risk, issues may arise down the occupation and you may forego numerous benefits of USPTO Trademark Registration.
If you are still wondering which way to go with brand registration, how to trademark a post name or how to trademark a logo, contact Baroody Law today for a consultation with a brand lawyer so the stress of post registration can be alleviated .