Do I Have to Trademark it Right Away?
In This Case
Absolutely. And apply for a web address using that name. You don't want to put all the work into starting up, developing a logo and so on only to find someone is using your brand name for their product. Contact the Small Business Agency, the Patent Office, and VISTA ( Volunteers in Service to America) for free information.
The first company
that used the name and earned money in that industry is the one that owns the trademark. If you trademark a name - when you trademark a name you have 3 years to earn money on that name to get the trademark approved. If another company can prove that they used the name first in the same industry for 5 years after the trademark was approved, most likely it's they will end up getting the trademark from you.
So if you wait and another company tries to take it
you can usually take it back but that will cost more than the $500 it takes to trademark a name. And on the other hand, you need to make sure their isn't another company already using the name but hasn't trademarked it. As I said, trademarks are specific to industry.
Source(s):
Own a trademark for a clothing line. It took 3y9m to get the trademark approved after I applied for it, although I had earned money about 2 years in.
Yes. You should do an exhaustive search on the Internet first for free. Then, you should look into ways to do it starting with the US Patent Office website, http://www.uspto.gov/trademarks/index.jspYou have to get the fabric before the clothes are made. just the same, it would be safe to get the trademark before the company. Always do that..or it might end up costing you more money in the long wrong.
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