Re: How do I get a trademark? Is a trademark what I need?
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Posted by M. Arthur Auslander on October 14, 1999 at 14:34:05:
In Reply to: How do I get a trademark? Is a trademark what I need? posted by Arnie on August 05, 1999 at 05:04:36:
: Hi,
: I have a phrase that I would like to get a trademark for. The phrase would be used on clothing and the like. Exactly how would I go about doing it and how do I find out if someone is already using it? Any help would be much appreciated.
: Arnie
Dear Arnie,
I have been answering all kinds of questions in this forum for some time trying to be helpful to peoples needs. I can understand wanting to save money when it comes to doing things. I like to save money too. A response to your entry gives a webpage for trademark services. Well it is not that I am a lawyer that makes a living from patents trademarks and copyrights. There is a big danger of doing it youself even if you have the same resources available to you that a professional has. If you save a buck and have a trademark that you have saved some money on that is a sucess, if there is some basic legal oversight, you may find yourself in big trouble down the line when it COST BIG BUCKS, with a lot to lose. There are lots of things you can do yourself but you must be able to understand the law and its consequences. Just this afternoon I had a client who has filed her own trademark application call me. I charge her for the consulation but I showed her what the legal problem was and how to deal with it. She will be able to make the most out of her application now. Yes there are lawyers who charge an arm and a leg and it is difficult to know whom you really can trust. You really should use a lawyer. You have to make a judgement about the lawyer before you hire one. If you pick a lawyer by the price alone its risky. A very low price means that the lawyer can't afford to spend much time on your problem or that he has so few clients that he can't afford to charge what he wsants. A high price is no guarantee that the lawyer that you choose is more interested in the fee than in you. It comes down to the personal jusgement that you feel comfortable with the lawyer you choose and that he freely answers your questions. I don't trust Doctors but that doesn't mean I can go to a cheap doctor or diagnose myself. I have czrefully picted a doctor that answers all my questions and I know his is not selling me useless tests that prove nothing or make me worry.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
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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