New York  |  Intellectual Property

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11/12/09, 7:51 am

Legal Question


Were can i find information for copyrighting my brand name?


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11/17/09, 9:29 am

Legal Answer


You don't copyright a brand name--you apply for a trademark. You can do this at www.uspto.gov. When you reach the home page, under the "Trademarks" column, click on "File forms online. If you're patient and don't mind the learning curve which is not difficult you can do it yourself. Generally, the filing fee you can expect to pay is $325. You should, however, first satisfy yourself that the name or "mark" isn't already being used as a trademark or in the application process. To do thiis, you'd click on "Search Marks" in the same column. Be prepared, however, for the USPTO to respond with deficiencies in your application. While this is common, even with attorney filings, you may feel more comfortable with an experienced attorney handling the response. You might also save time and expense by having an attorney order and review a detailed search and file your initial application too. If your brand is just being launched and involves a large expenditure of investment (e.g., packaging, marketing, etc.) you'd be well advised to also invest in experienced legal counsel.

Steven Mark

Steven Paul Mark, Attorney at Law 401 East 80th Street - Suite 29B New York, NY 10021

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