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Re: Re: obtaining a trademark


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Posted by Poor Bill on March 15, 1999 at 13:34:47:

In Reply to: Re: obtaining a trademark posted by M. Arthur Auslander on January 14, 1999 at 14:28:03:


: : I would like to obtain a trademark for the
logo and name of my new business. I don't know
who to contact. How much? What's involved? Etc.?
: : Please respond asap.

: : Tim C.
: It is not difficult to file a trademark
application. A trademark once registered has
broad, enforceable rights in 50 States. The more a
trademark is used the greated its value.
Trademarks are good as long as they are used, and
can be made incontestable. Certain legal rituals
must be followed to maintain their rights. We were
once invoved with the trademark Jean Marie Farina
for a cologne. I have some in my medicine cabinet.
The mark is entering its third century.
: It is important to conduct a knowledgeable
trademark search before filing, so that time and
money are not wasted. Even if you could do it
yourself there is the risk of the $245 filing fee.
If the mark is used or plans are made to use the
mark, time and money have to be lavishly spent.
Many people come to this firm after having filed
and they are in trouble with the Patent and
Trademark Office or worse, with another trademark.
At that point any original economy is lost with a
wave of money to follow even if the problem can be
solved.
: Using an EXPERIENCED lawyer does not
guarantee absolute security there can always be
unexpecteds. Today there is a 2 ½ month lag
between a filing and availability in the search
room.
: An experienced lawyer can help to screen
marks before they are searched. There are pitfalls
that can be anticipated before a search is
conducted.
: I enjoy saving clients money as long as I
get paid for what I do. The most famous mark that
I can think of at this moment that I have
registered is L L Bean.
: Trademarks are one of the biggest bargains
you can get through a lawyer. If you do it youself
or shop for a price you may overlook the reality
of the value of the mark, or you might be lucky or
think you are lucky for a while. From what you
have already said I may be able to save you money.
: M. Arthur Auslander
: Auslander & Thomas-Intellectual Property Law
: 505 Eighth Avenue, New York, NY 10018
: 212-594-6900, fax 212-244-0028,
aus@auslander.com
: ELAINE's Workshop: Early Legal Advice Is Not
Expensive
: ...But do I NEED an attorney? ..and is the $245
fee all that's required? Is a copyright actually
what I'm looking for?..or do I need to get a
trademark form?




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