Whats the process like for trademarking a new for a multi-media studio that does music videos and short films?
July 15, 2006 2:17 AM Subscribe
Whats the process like for trademarking a new for a multi-media studio that does music videos and short films?
Hello all,
Two of my friends from college are looking to trademark a name they plan to use for music videos/photography/editing services. They have no actual ground 'office' as of yet, but they want to at least trademark the name first so they dont have to worry about future headaches. (This will eventually, and hopefully extend to a small business.)
I am wondering what the process for something like this is actually like. What steps must they take and how much does something like this usually cost? I tried snooping around google.com a bit and I got thrown off because few web-sites popped up with some of them even charging money for a simple search.
Any additional information you might have in regards to trademarking a name for a media studio would be greatly appreciated.
Thank you in advance!
Hello all,
Two of my friends from college are looking to trademark a name they plan to use for music videos/photography/editing services. They have no actual ground 'office' as of yet, but they want to at least trademark the name first so they dont have to worry about future headaches. (This will eventually, and hopefully extend to a small business.)
I am wondering what the process for something like this is actually like. What steps must they take and how much does something like this usually cost? I tried snooping around google.com a bit and I got thrown off because few web-sites popped up with some of them even charging money for a simple search.
Any additional information you might have in regards to trademarking a name for a media studio would be greatly appreciated.
Thank you in advance!
Best answer: However, you can register a mark not yet in use via an Intent to Use application.
In the U.S. an applicant may apply for registration on an intent-to-use basis and receive a filing date, but the registration will not issue until the applicant has alleged and shown actual use of the mark in commerce. One exception to this is if the application is based on a foreign trademark application or registration which is prosecuted under Section 44 of the Lanham Act, not Section 1(b) (intent-to-use). Federal registration is very important, but it is not the only way to develop trademark rights in the United States. Common law rights may be gained merely through use of a mark. I professional trademark search, and subsequent evaluation by a trademark professional, is highly recommended. This information is merely informational. I am not your lawyer.
posted by anathema at 5:47 AM on July 15, 2006
In the U.S. an applicant may apply for registration on an intent-to-use basis and receive a filing date, but the registration will not issue until the applicant has alleged and shown actual use of the mark in commerce. One exception to this is if the application is based on a foreign trademark application or registration which is prosecuted under Section 44 of the Lanham Act, not Section 1(b) (intent-to-use). Federal registration is very important, but it is not the only way to develop trademark rights in the United States. Common law rights may be gained merely through use of a mark. I professional trademark search, and subsequent evaluation by a trademark professional, is highly recommended. This information is merely informational. I am not your lawyer.
posted by anathema at 5:47 AM on July 15, 2006
A professional trademark search, and subsequent evaluation by a trademark professional, is highly recommended.
posted by anathema at 5:49 AM on July 15, 2006
posted by anathema at 5:49 AM on July 15, 2006
Trademark rights in the US arise out of use of the mark.
People sometimes do this by making a bunch of T-shirts and giving them away at a trade show, for instance.
posted by StickyCarpet at 9:20 AM on July 15, 2006
People sometimes do this by making a bunch of T-shirts and giving them away at a trade show, for instance.
posted by StickyCarpet at 9:20 AM on July 15, 2006
If they do file an ITU (Intent-to-Use), I believe the application must be perfected (through actual use) within a year.
Although federal registration is not required, it is highly reccommended to avoid problems down the road should someone else come up with the same mark.
I believe the going rate for filling out the paperwork and filing it is a couple hundred dollars.
At a minimum, your friends should start using their proposed mark as soon as possible.
I am not a lawyer, this is not legal advice. They should definately talk to a trademark lawyer if they are serious about this.
posted by falconred at 9:52 AM on July 15, 2006
Although federal registration is not required, it is highly reccommended to avoid problems down the road should someone else come up with the same mark.
I believe the going rate for filling out the paperwork and filing it is a couple hundred dollars.
At a minimum, your friends should start using their proposed mark as soon as possible.
I am not a lawyer, this is not legal advice. They should definately talk to a trademark lawyer if they are serious about this.
posted by falconred at 9:52 AM on July 15, 2006
People sometimes do this by making a bunch of T-shirts and giving them away at a trade show, for instance.
Trademarks rights are used to designate the source of a good/service, and are always tied to specific goods/services. Although each situation is different, slapping a mark on a t-shirt is not going to create trademark rights in a good/service.
If they do file an ITU (Intent-to-Use), I believe the application must be perfected (through actual use) within a year.
This is very much inaccurate. Talk to a professional if you want a detailed rundown of the timeframe.
I believe the going rate for filling out the paperwork and filing it is a couple hundred dollars.
Filing fees alone will be $275 at minimum. Not including any legal fees. And then there is the ongoing cost of policing. Trademarks don't protect themselves.
posted by anathema at 11:55 AM on July 15, 2006
Trademarks rights are used to designate the source of a good/service, and are always tied to specific goods/services. Although each situation is different, slapping a mark on a t-shirt is not going to create trademark rights in a good/service.
If they do file an ITU (Intent-to-Use), I believe the application must be perfected (through actual use) within a year.
This is very much inaccurate. Talk to a professional if you want a detailed rundown of the timeframe.
I believe the going rate for filling out the paperwork and filing it is a couple hundred dollars.
Filing fees alone will be $275 at minimum. Not including any legal fees. And then there is the ongoing cost of policing. Trademarks don't protect themselves.
posted by anathema at 11:55 AM on July 15, 2006
This thread is closed to new comments.
posted by caddis at 4:52 AM on July 15, 2006