Trademarking

can I put a TM on if I didnt con**** a lawyer?

[SIRokai]

I know I have to get a lawyer to trademark something...
my questions is this:
Can I put the TM sign on if I have intensions of TM-ing something BUT I have not yet consulted a lawyer?

J

[nancyb]

I was just checking this out yesterday for a friend who wants to get a trademark. According to the .gov site, you can use the TM even if you haven't registered, but you cannot use the "R" in a circle, which means registered trademark, unless it has actually been accepted and registered.

Usual disclaimer: I'm not a lawyer and free advice is only worth $0.0 so go to the .gov site yourself and read about it.

[iamlost]

I am not a lawyer nor do I qualify as an expert but I have been involved on the periphery several times so the following is very general - to protect both of us. :)

Patents and Trademarks are very serious business. However, most countries have official sites with lots of information. Go to applicable sites and read.

You should at least search your proposed trademark for each country with which you ever expect to do business. Whether you need to apply in each will depend on your own country's international agreements. Note that rules can vary from country to country.

Then you can decide if you want to pay and register yourself or hire a trademarks expert - not a "normal" lawyer. Trademarks are much easier than Patents; with Patents go directly to Patent lawyer!

These are the sites I am familiar with:

United States Patent and Trademark Office:
[uspto.gov ]

Canadian Intellectual Property Office:
[strategis.ic.gc.ca ]

The UK Patent Office:
[patent.gov.uk ]

[fabfurs]

I went to the USPTO dot gov, did the research to make sure that my trademark would be unique and easily verifiable and completed the online application and paid the fees.

Patiently waiting for notification and approval, it has taken 6 months to be assigned an investigator. I expect it will take a couple of more months.

I expect to get it, but you never know... maybe beginners luck.

[rogerd]

Fabfurs, be prepared for a longer ordeal. The investigator may well ask a question or require clarification, which intiates another multi-month wait once you reply. Then it gets published for comment/objections. I've got one working that just went into the first publication phase. The note said "check this website in two months to find out when the notice was published." I'm sure it has to sit out there for a while before they can determine that nobody objects. If someone DOES object, then another round of clarification, etc., might occur. I'm guessing another six months at least on mine, and that's if all goes well.

[fabfurs]

Agreed rogerd. In for a wait.

I only mentioned it as an alternative to using a Lawyer for trademarks.

[SIRokai]

I'll take a look at the CDN site to see how its done.

thanks boyz
J

[rogerd]

Keep us posted on how things turn out, fabfurs. I found an inexpensive IP lawyer on the web (claimed to be an ex-PTO lawyer) who did the filing and also handled the first response when the PTO asked us to tighten up the services claimed.

Did you find the form difficult to complete on your own? Of course, I suppose the right time to ask that is after you get a reply from the PTO. :) Now that I've gone (partway) through the process with professional help, I'd consider doing one myself if it wasn't mission-critical.

[jim_w]

And I can tell you from filing my own Copyrights and FCC filings when employed at Motorola, that they want a LOT of information. All in order, and each exhibit should be put in order of the justification point you are trying to make.