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Re: protecting my sm


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Posted by M Arthur Auslander on December 21, 2001 at 22:38:35:

In Reply to: protecting my sm posted by jeff on December 21, 2001 at 10:18:25:

: i'm in the process of registering my first service mark. i've read all the info and FAQ's on the USPTO website, and searched diligently for conflicting marks in state and federal trademark databases.
: i feel confident that i will be able to register the mark without incident, but am now worried there is some small crucial step i'll goon out on. what, in your experience, is that small step most non-lawyer types usually mess up? i honestly don't have $325 in the first place to gamble, let alone a IP lawyer's fees....so i want to be sure i've crossed all the t's and get this right the first time.
: for example:
: does 'general contracting, namely bathroom remodeling and repair' sound like a legitimate listing of goods, or in this case services?

: also, if i get my desired mark, is it really any less legitimate or enforcable, should a problem arise, just because i didn't get counsel from a IP lawyer? what step could a lawyer have possibly taken that's not listed on the e-form for electronically filing?
: thanks in advance,
: jeff miller

Dear Jeff,

Patents are for 20 year from application date, copyrights are life plus 70. Tradmarks are forever as long as you use them.

One of our Service Marks is ELAINE's Workshop(sm) E arly L egal A dvice I s N ot E xpensive(sm). Screw up now it costs down the line.

Hell I like to save money too. I don't trust doctors. I don't want to pay them for something I can do myself, and I wonder if they are taking advantage of me. There is a limit though. I have found a doctor I trust.

Well we make a living in IP law, knowing what you are doing will protect the life of your trademake and the $325, you are also going to have so save up to spend.

I had one client that started to go it alone, then they got chicken and asked me to take over their portfolio of trademarks. They soon thereafter sold out for a very good price.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE'S Workshop(sm)
E arly L egal A dvice I s N ot E xpensive(sm)





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