Posted by M. Arthur Auslander on January 14, 1999 at 14:28:03:
In Reply to: obtaining a trademark posted by Tim Calcara on January 14, 1999 at 09:39:42:
: 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
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