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Re: Re: Re: obtaining a trademark


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Posted by M. Arthur Auslander on March 27, 1999 at 07:32:27:

In Reply to: Re: Re: obtaining a trademark posted by Poor Bill on March 15, 1999 at 13:34:47:


:
: : : 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?
:You don't need an attorney to get a trademark registered. You don't need a doctor if you feel ill.. You have to find the professional that understands what the problem is and one that will not take advantage of your lack of knowledge.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive [tm]
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028,
aus@auslander.com




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