Hello,

I checked to see how much it would cost to trademark my business name. My mouth dropped a bit when I learned the price is about $300 dollars. Does that sound right?

I just wonder if it is a "must" to trademark my business name before I open it to the public? Could it be something I can wait for few months after starting my business and register once I earn enough money?

Some tells me it's a mandatory to do it before I start the business while others tells me it can wait.

Your feedback will be greatly appreciated,

Brenda

If you checked the national patent and copyright office, that fee is about right. No, you don't have to trademark your name and, technically it would be a servicemark, not a trademark. Just keep in mind that you can legally own the name in your state, but someone else can legally own it in theirs by registering with the Secretary of State's office. Eventually I would like to 'servicemark' my name (and tag line); money is still an issue for a startup.

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Lily Chambers, The Virtual Office Goddess, LLC
Author "How to Do Your Own Small Business Bookkeeping"

Considering what I have just been going through I have been doing alot of research on trademarks.

Paying for a trademark is not mandatory.

Once you start using the name it is basically yours. If someone down the line tries to use the same name you have what some like to call "squatters rights" as long as you are definitely the first to use it. One of the situations where they could use the name is if they are in a different industry (eg. Z-pop in CA sells office equipment, Z-pop in MA sells soda)
Paying for a trademark makes it easier to sue, and possibly get compensation, if anyone tries to use it anyway.
Here's some links to things I've found in the last 24 hours that have detailed explanations and have been a HUGE help to me:
Trademark-From Wikipedia
Trademarks & US Trademark Law | IPWatchdog.com
Trademark Law Resources
United States Patent and Trademark Office
ExpertLaw

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~Christina|BD Mag|VOSTeam

I appreciate your responses to my post.

Do we register servicemark at the same place where we register trademark? Money is an issue for me too.

Christina - I just read your earlier post about your trademark issue - eeeks, I wouldn't want someone sending me a letter similiar to what you received. I wish you all the best and hopefully it works out well for you. Thank you for sharing the links, I will review them.

Again, thank you so much for your time.

Brenda

BTW - you CAN start using the TM and/or SM symbols in your name even before you've registered with your offices.
You actually start 'using' your trademark/servicemark when you start using your business name - even if it isn't registered.

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I didn't know that - thank you for the information.

And, by the way, congrats Tess, as I read that you are expecting a bundle of joy!

Brenda

Sheez! $300! In Missouri it is only $50 - for trade or service! According to MO law you have to be using the name before you file for registration because the logo/name needs to be in use and in print before you register. They even ask for an original sampling with your registration form...they accept letterhead, business cards, etc. Also, in MO the forms are the same for trade or service.

I too am not going to be able to register until money starts coming in. Thank goodness mine is only $50 though!

Lily, do the tag and logo need to be registered individually or can they be registered as one? If together, are they still protected individually? I hadn't thought of this issue before.

Make it a great day!

Sundi

Sundi - MO trademark and National trademark are different species, so to speak The National service mark is the $300 process but gives you ownership in all 50 states, not just yours.

Don't quote me but I THINK the tagline and logo are copyright issues; I don't know if they get registered separately or not. Go to the US Patent and Trademark website to verify (see the link above in this thread). Because we are service providers, not manufacturers, we would file for a service mark.

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Lily Chambers, The Virtual Office Goddess, LLC
Author "How to Do Your Own Small Business Bookkeeping"

Should you just skip local and go national? It would seem like local wouldn't provide much protection...especially for those on state borders like me between MO and KS AND for anyone wishing to develop a web presence, which knows no boundries!

Sundi

When money is available I plan on going national. I haven't filed for a state trademark, just my llc

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Lily Chambers, The Virtual Office Goddess, LLC
Author "How to Do Your Own Small Business Bookkeeping"