The name of your business is SO IMPORTANT to get right from the outset. We had to go to a second name choice. I hired an attorney and I was glad I did because the first name we had all loved was already taken. Our attorney did a comprehensive check to make sure the trademark is available. I was about to spend $10,000 starting to publicize our new music group name before I found someone had State of Texas trademark already. The name was not the exact same, but close enough said the attorney we hired. The next name we picked worked. We trademarked it, then started the band. Now we know we own it and control the name.
Trademarks are tricky! I own a clothing brand trademark here in the USA and in Canada. I went through a trademark company who conducted comprehensive research at the federal, state and common law level. They were a tad more expensive than other trademark companies but it was well worth it. The first name I chose wasn't available to be trademarked, others were already using it. I was beyond upset to hear this news but it was what it was. I then picked another name and it ended up being "legally clear" moral of the story is, if you plan on really investing and expanding your brand spending money on your trademark is essential!
Really well said. In competitive industries, the brand is not some fancy addition to your business. It IS your business. Eventually, others will copy your product or your service. The brand is the only type of IP that is relatively easy to protect, defend, and monetize. So good for you for doing things right: doing the search, walking away from the name you couldn't own, and properly trademarking your #2 choice.
I am in the beginnings of a business idea, and not sure of the logo. I just want to lock in the name, since I purchased the domain. Is it okay to trademark just the name without a logo/graphic to go with it? So far a name search brings up no matching names. Also I don't really want to start an LLC until I'm ready to start pushing the idea to the public, which could be a year from now. What are the pros and cons of getting a trademark before an LLC? Thank you!
You are right in that trademarking the name is more important than trademarking the logo. Logos typically change during the lifetime of a business, whereas brand names stay the same. Also, if it turns out that you picked the name you can't own, there's no point in building and promoting the logo for such a brand. You need a proper comprehensive trademark search with a registrability opinion, not just the knock-out search that most people do. You can always transfer your trademark from you as an individual to your LLC when you start it. In other words, your trademark is an asset. Your LLC is just one of the ways you may choose to utilize that asset.
Speaking as a trial lawyer of thirty years, who, inter alia also litigated PATENT INFRINGEMENT cases, I thank you for this great video and the comprehensive and expert advice you provided on this very specialized subject which even lawyers would not be aware of if they did not work in this field. I may need your services soon as I am launching a whole new concept in the fitness world which will theoretically also spawn a merchandising division and I will want to protect the brand. I will contact your firm. Thanks
Thank you for your kind feedback, Leon. Great to hear that what we're doing makes sense. We'll be here when you're ready to move forward with trademarking your brand.
If you are referring to Trademark Factory®, you can check out our packages at trademarkfactory.com/packages If you are referring to cheap trademark filers, check out trademarkfactory.com/7-red-flags
Hi Trademark Factory. I'm using a NAME and a LOGO for my personal social media account, buy and sell online business, and for my other business that renders service. now, the thing is, the logo that I am currently using, came from a "LOGO MAKER" app, and since that I just got it from an app, there's a possibility that some person or persons could choose and use the LOGO itself that I am using now. What should I do??? What can you suggest me??? I'm from Philippines. Thank you and more power , Trademark Factory.
The whole idea of trademarking is uniqueness and exclusivity. Typically, logo generating apps specifically state that others may be able to use the same images, and that you should not trademark them. I would say, if you are building a brand, build a brand you can own. At the very least, get someone to modify the logo so that it becomes unique to you.
hello sir Good day, i had my trademark and name registered, but I wonder if i can write my tradename in a certain style and still put the registration symbol, like lets say in a typographic style but different from my logo. can I still put the R symbol with it?
@@hyd-megido You can only place the ® symbol next to a trademark AS IT WAS REGISTERED. While design marks may have a literal element and a description, those are NOT the actual marks for which the registration was granted. Therefore, you cannot use the ® next to such elements apart from the actual mark.
Let say I want trademark a name in another country do I you have to register the name of the company before I trademark the name? Or I could just do a name seach and then trademark the name .
You are not required to have a registered company in most countries to file your trademark there. For example, a US company does not need to set up a French company to apply for a trademark in France. They would just file their French trademark on behalf of the US company. Hope this helps.
Good morning, thank you for the video, I have a question. If you have a video game named Heavylevel. And then you know you're going to make another video game with the same name but version 2, example Heavylevel 2 would you need to trademark just the first name or both names or would this be considered a derevitive? there is a video game named Grand Theft Auto, and now they're at Grand Theft Auto five I wonder if they had to trademark each name and I wonder if they have to trademark names for the future or can somebody come and trademark those names for instance they are at Grand Theft Auto V and then would they have already trademark Grand Theft Auto 6 and 7 and 8 if they know that they're going to continue making these games?
Trademarking is often an exercise of risk management. You compare your risks with the cost of avoiding them. If you are a business that is just starting out, nobody really knows or cares about your brand, and you are barely making any money, your thinking would go, "Man, this thing could go big but it could also go nowhere. How do I protect the brand without doing something crazy? Oh, for a few grand (or even cheaper if you file yourself or use low-cost trademark filers), I can get the main title protected." So the upside is having the brand protected The potential downside is spending 2-3 G's on a brand that goes nowhere. For someone who is serious about their business, this is a no-brainer. However, for the business in that early stage to go out and start trademarking all possible variations is a total overkill. Because then the upside is marginal improvement of the strength of protection while the downside is killing your cashflow and burying the business. Compare that to what successful brands do and think. To them, it's still a marginal improvement. But their downside in the form of spending a few more thousand dollars is negligible. They make that back in a matter of days if not seconds. In other words, it's not a question of law. It's a pure business decision of which investment makes sense at which point. Does this answer your question?
Is there a way to do this whitout calling directly?? Can't we just message or email them? Im still in middle school but me and a friend are trying a company that would be useful! #Almost_In_Highschool
There is, and if you and your friend are truly serious about your business, we may be able to help you. But before we go any further, have you had a chance to see the pricing on the website? And presuming you’d still want to move ahead, who else would you need to talk to in order to make a final decision?
Hi, Thanks for the insightful info. I am thinking of trademarking my business name and logo for my life coaching business. I will be having clients both locally and internationally. How can I contact you.
I have a question. I've already designed and registered my trademark. I already paid the USPTO and got back my serial number and Design search codes for my logo design. Can I jump on it and put my trademark on any of my work? And I done this online to file my trademark.
@@trademarkfactory I applied. But I did end up getting the Office Letter through my email which means I would have to contact one of the individuals who can help me get my trademark through and I have 6 months to do so.
Hi if I have a game idea and I find a name. Then I made a search on the USPTO and the name is not taken but when I go on Amazon USA I found a game with the same name! The game company seems to be German and they have a Wyoming LLC. Can I still trademark the game name before them in the USA? Thanks
Hi Alexandre. I answered a similar question here: ruclips.net/video/gTKFWheqRYI/видео.html . I understand it is not exactly your situation, but you will see a lot of parallels.
It was a very fair question with you didn't actually answer. 6k is a lot and we need to know why it costs that with a definitive answer rather than a rhetorical question@@trademarkfactory
@@ximopierto9118 he diesn't answer because he can't. In other words @Trademark Factory knows that his prices cannot be justified, or else he would have done. Even he can't deny paying 100 times more than you could do is a stupid thing to do
This depends on whether the sample will feature your brand. If you're getting a generic sample without any logos / names on it, it's less critical to have first protect the brand compared to when the clothes already feature your brand. In either case, know that trademarking takes a very long time, so the sooner you start, the sooner you will have secured your brand. So if you're serious about building a clothing brand, with one Alibaba vendor or another, it's a good idea to get the trademarking process started ASAP.
@@trademarkfactory thanks for your response. The sample will have my logo and name. The reason I was hesistant about trademarking before a sample was because of the fact that no one knows my brand or who I am yet. I figured no one would want to steal something that is already deemed as promising or succesful. what are your thoughts?
I have the exact same thought. In 2020, I am launching a new company based in Nashville. Similar to you, I feel that no one would want to steal my name since it will be a start up company. The more I dive into legal, the more I understand how much entrepreneurship can be against legal. They are 2 sides of the same coin, but definitely go against each other. Entrepreneurship says take the leap and deal with issues when you get there. Legal says take the risk, but not before you put your safety gear on(trademarks, patents, NDAs). I appreciate legal...and understand that is the smart direction... there is no exact recipe to a successful business. But, I'm about to push the more psychotic side and be more entrepreneur than legal. Take risks now and ask for forgiveness later....though forgiveness may be a thousand+ dollar fined...it will be a good story.
@@SH0W0FF nice to know im not the only one with this thought. I haven't found one video yet on RUclips discussing trademarking before or after a sample yet and found it weird how no one talks about this.
Trademarks are designed to protect a brand in association with products and services that you are actually offering or are genuinely planning to offer to the market. If the device is knowingly fictional and will never become an actual product, you can’t trademark it in the countries that require you to show use as a condition of registration.
If I want to Trademark a restaurant and the names of the drinks sold there, can I do it under one trademark or do I need two? One for the name of the restaurant and one for the name of my signature drink?
If it's the same name, then you can have a single trademark application that will cover both the restaurant name and the name of the drink. If the names are different (Starbucks vs. Frappuccino), then you will need to file these as two separate trademarks.
They don't actually give you a free trademark search. After you fill up all your Info, they give you this fake great offer to signup with them, really don't like this ways of advertisments.
Tell this to hundreds of business owners for whom we prepared a registrability opinion and who didn't buy anything from us. As for the great offer, first of all, there is nothing fake about it. We do offer discounts and bonuses if you purchase our services before we spend the time doing your search. Secondly, we're not in the business of dispensing free trademark searches, we are in the business of helping brand owners register their trademarks with a guaranteed result for a guaranteed budget. Either way, thank you for checking us out and leaving your comments.
📌 Stay Connected with Trademark Factory!
Visit us online:
★ Website: trademarkfactory.com
☆ Book a Free Call: TMF.Rocks/YT-
★ Attend Free Webinar: learn.trademarkfactory.com
☆ RUclips Channel: trademarkfactory.com/youtube
★ Facebook Page: trademarkfactory.com/facebook
☆ Twitter: trademarkfactory.com/twitter
★ Instagram: trademarkfactory.com/instagram
☆ Kick-Ass Brands Show: kickassbrandsshow.com
★ Kick-Ass Brands Facebook Group: facebook.com/groups/kickassbrandsshow
Thanks for watching! Don’t forget to like, comment, and subscribe for more updates!
The name of your business is SO IMPORTANT to get right from the outset. We had to go to a second name choice. I hired an attorney and I was glad I did because the first name we had all loved was already taken. Our attorney did a comprehensive check to make sure the trademark is available. I was about to spend $10,000 starting to publicize our new music group name before I found someone had State of Texas trademark already. The name was not the exact same, but close enough said the attorney we hired. The next name we picked worked. We trademarked it, then started the band. Now we know we own it and control the name.
Thank you for your knowledge. Knowledge that isn't shared is lost forever. I'll check out your company.
Trademarks are tricky! I own a clothing brand trademark here in the USA and in Canada. I went through a trademark company who conducted comprehensive research at the federal, state and common law level. They were a tad more expensive than other trademark companies but it was well worth it. The first name I chose wasn't available to be trademarked, others were already using it. I was beyond upset to hear this news but it was what it was. I then picked another name and it ended up being "legally clear" moral of the story is, if you plan on really investing and expanding your brand spending money on your trademark is essential!
Really well said. In competitive industries, the brand is not some fancy addition to your business. It IS your business. Eventually, others will copy your product or your service. The brand is the only type of IP that is relatively easy to protect, defend, and monetize. So good for you for doing things right: doing the search, walking away from the name you couldn't own, and properly trademarking your #2 choice.
How much was it? And when you LLC a company do I still have to trademark? Also did u do it urself
Useful information. Thank you
Great video ! Short & to the point
Does trade mark registration protects you across the globe ?
No, trademarks are done on a per-country basis. Except for the European Union where you can get a single trademark that will cover all 27 countries.
I am in the beginnings of a business idea, and not sure of the logo. I just want to lock in the name, since I purchased the domain. Is it okay to trademark just the name without a logo/graphic to go with it? So far a name search brings up no matching names. Also I don't really want to start an LLC until I'm ready to start pushing the idea to the public, which could be a year from now. What are the pros and cons of getting a trademark before an LLC? Thank you!
You are right in that trademarking the name is more important than trademarking the logo. Logos typically change during the lifetime of a business, whereas brand names stay the same. Also, if it turns out that you picked the name you can't own, there's no point in building and promoting the logo for such a brand.
You need a proper comprehensive trademark search with a registrability opinion, not just the knock-out search that most people do.
You can always transfer your trademark from you as an individual to your LLC when you start it. In other words, your trademark is an asset. Your LLC is just one of the ways you may choose to utilize that asset.
@@trademarkfactoryhow much is it
@@Kojisreality2007 You can get started with only $995 plus the govt. fees.
Speaking as a trial lawyer of thirty years, who, inter alia also litigated PATENT INFRINGEMENT cases, I thank you for this great video and the comprehensive and expert advice you provided on this very specialized subject which even lawyers would not be aware of if they did not work in this field.
I may need your services soon as I am launching a whole new concept in the fitness world which will theoretically also spawn a merchandising division and I will want to protect the brand. I will contact your firm.
Thanks
Thank you for your kind feedback, Leon. Great to hear that what we're doing makes sense. We'll be here when you're ready to move forward with trademarking your brand.
Very good ! Thanks for sharing !
Thanks for watching!
how much does it cost to get a trademark via trademark company as you said? thanx
If you are referring to Trademark Factory®, you can check out our packages at trademarkfactory.com/packages
If you are referring to cheap trademark filers, check out trademarkfactory.com/7-red-flags
Thank You for this wealth of knowledge.
What did you find the most useful about the video?
Should put ad in the description of the video
Hi Trademark Factory.
I'm using a NAME and a LOGO for my personal social media account, buy and sell online business, and for my other business that renders service.
now, the thing is, the logo that I am currently using, came from a "LOGO MAKER" app, and since that I just got it from an app, there's a possibility that some person or persons could choose and use the LOGO itself that I am using now.
What should I do???
What can you suggest me???
I'm from Philippines.
Thank you and more power , Trademark Factory.
The whole idea of trademarking is uniqueness and exclusivity. Typically, logo generating apps specifically state that others may be able to use the same images, and that you should not trademark them. I would say, if you are building a brand, build a brand you can own. At the very least, get someone to modify the logo so that it becomes unique to you.
hello sir Good day, i had my trademark and name registered, but I wonder if i can write my tradename in a certain style and still put the registration symbol, like lets say in a typographic style but different from my logo. can I still put the R symbol with it?
If your registered trademark is that of a LOGO, then you CANNOT use the ® symbol next to a different logo or just the name in plain font.
@@trademarkfactory thank for the quick response, so if my registration says name and mark, its a go?
@@hyd-megido You can only place the ® symbol next to a trademark AS IT WAS REGISTERED. While design marks may have a literal element and a description, those are NOT the actual marks for which the registration was granted. Therefore, you cannot use the ® next to such elements apart from the actual mark.
@@trademarkfactory i see, its really very specific, Which is good. Thank you always, for this free knowledge that you share.
Let say I want trademark a name in another country do I you have to register the name of the company before I trademark the name? Or I could just do a name seach and then trademark the name .
You are not required to have a registered company in most countries to file your trademark there. For example, a US company does not need to set up a French company to apply for a trademark in France. They would just file their French trademark on behalf of the US company. Hope this helps.
Good morning, thank you for the video, I have a question. If you have a video game named Heavylevel. And then you know you're going to make another video game with the same name but version 2, example Heavylevel 2 would you need to trademark just the first name or both names or would this be considered a derevitive? there is a video game named Grand Theft Auto, and now they're at Grand Theft Auto five I wonder if they had to trademark each name and I wonder if they have to trademark names for the future or can somebody come and trademark those names for instance they are at Grand Theft Auto V and then would they have already trademark Grand Theft Auto 6 and 7 and 8 if they know that they're going to continue making these games?
Trademarking is often an exercise of risk management. You compare your risks with the cost of avoiding them. If you are a business that is just starting out, nobody really knows or cares about your brand, and you are barely making any money, your thinking would go, "Man, this thing could go big but it could also go nowhere. How do I protect the brand without doing something crazy? Oh, for a few grand (or even cheaper if you file yourself or use low-cost trademark filers), I can get the main title protected."
So the upside is having the brand protected The potential downside is spending 2-3 G's on a brand that goes nowhere. For someone who is serious about their business, this is a no-brainer.
However, for the business in that early stage to go out and start trademarking all possible variations is a total overkill.
Because then the upside is marginal improvement of the strength of protection while the downside is killing your cashflow and burying the business.
Compare that to what successful brands do and think.
To them, it's still a marginal improvement. But their downside in the form of spending a few more thousand dollars is negligible. They make that back in a matter of days if not seconds.
In other words, it's not a question of law. It's a pure business decision of which investment makes sense at which point.
Does this answer your question?
@@trademarkfactory Yes it does, thank you!
Very informative
Thx. You got a very memorable way to write your name. ;)
Is there a way to do this whitout calling directly?? Can't we just message or email them? Im still in middle school but me and a friend are trying a company that would be useful! #Almost_In_Highschool
There is, and if you and your friend are truly serious about your business, we may be able to help you. But before we go any further, have you had a chance to see the pricing on the website? And presuming you’d still want to move ahead, who else would you need to talk to in order to make a final decision?
Hi,
Thanks for the insightful info.
I am thinking of trademarking my business name and logo for my life coaching business. I will be having clients both locally and internationally.
How can I contact you.
Hi Claudette. The easiest way to get in touch with us is to book a free call at trademarkfactory.com/call or just call us at 855.MR.TMARK
I have a question. I've already designed and registered my trademark. I already paid the USPTO and got back my serial number and Design search codes for my logo design. Can I jump on it and put my trademark on any of my work? And I done this online to file my trademark.
When you say you "registered" it, do you mean you've applied for it? Or did you actually receive the certificate of registration already?
@@trademarkfactory I applied. But I did end up getting the Office Letter through my email which means I would have to contact one of the individuals who can help me get my trademark through and I have 6 months to do so.
Great video
I want to trademark my artist name and logo, but I want hats and t-shirts with the logo on them, is that two classifications?
No. Both of these would fall under Class 025. You may want to watch this video first: ruclips.net/video/tYAJ3YQyk7Y/видео.html
Hi if I have a game idea and I find a name. Then I made a search on the USPTO and the name is not taken but when I go on Amazon USA I found a game with the same name! The game company seems to be German and they have a Wyoming LLC. Can I still trademark the game name before them in the USA? Thanks
Hi Alexandre. I answered a similar question here: ruclips.net/video/gTKFWheqRYI/видео.html . I understand it is not exactly your situation, but you will see a lot of parallels.
So u charge $6000 per trade mark why others ask $60 why is that
Why do you think people buy our $6,000 packages when they could get someone else to file their trademarks for $60?
Not to mention the popular option people like to think they have of doing nothing at all 😂😂😂
It was a very fair question with you didn't actually answer. 6k is a lot and we need to know why it costs that with a definitive answer rather than a rhetorical question@@trademarkfactory
@@trademarkfactory Great sales pitch there. You got me. NOT
@@ximopierto9118 he diesn't answer because he can't. In other words @Trademark Factory knows that his prices cannot be justified, or else he would have done. Even he can't deny paying 100 times more than you could do is a stupid thing to do
Do I trademark before ordering a sample from alibaba. say I want to start designing clothes..
This depends on whether the sample will feature your brand. If you're getting a generic sample without any logos / names on it, it's less critical to have first protect the brand compared to when the clothes already feature your brand.
In either case, know that trademarking takes a very long time, so the sooner you start, the sooner you will have secured your brand. So if you're serious about building a clothing brand, with one Alibaba vendor or another, it's a good idea to get the trademarking process started ASAP.
@@trademarkfactory thanks for your response. The sample will have my logo and name. The reason I was hesistant about trademarking before a sample was because of the fact that no one knows my brand or who I am yet. I figured no one would want to steal something that is already deemed as promising or succesful. what are your thoughts?
*i figured no one would want to steal something that is not yet deemed as succesful or promising.
I have the exact same thought. In 2020, I am launching a new company based in Nashville. Similar to you, I feel that no one would want to steal my name since it will be a start up company. The more I dive into legal, the more I understand how much entrepreneurship can be against legal. They are 2 sides of the same coin, but definitely go against each other. Entrepreneurship says take the leap and deal with issues when you get there. Legal says take the risk, but not before you put your safety gear on(trademarks, patents, NDAs). I appreciate legal...and understand that is the smart direction... there is no exact recipe to a successful business. But, I'm about to push the more psychotic side and be more entrepreneur than legal. Take risks now and ask for forgiveness later....though forgiveness may be a thousand+ dollar fined...it will be a good story.
@@SH0W0FF nice to know im not the only one with this thought. I haven't found one video yet on RUclips discussing trademarking before or after a sample yet and found it weird how no one talks about this.
I'm thinking about writing an ebook and I have a few things I would wanna trademark. Is it possible to trademark a fictional device?
Trademarks are designed to protect a brand in association with products and services that you are actually offering or are genuinely planning to offer to the market. If the device is knowingly fictional and will never become an actual product, you can’t trademark it in the countries that require you to show use as a condition of registration.
@@trademarkfactory Could I trademark the name?
I suggest you jump on a call with our strategy advisors to discuss the details. trademarkfactory.com/call
@@trademarkfactory I'll think about it.
If I want to Trademark a restaurant and the names of the drinks sold there, can I do it under one trademark or do I need two? One for the name of the restaurant and one for the name of my signature drink?
If it's the same name, then you can have a single trademark application that will cover both the restaurant name and the name of the drink. If the names are different (Starbucks vs. Frappuccino), then you will need to file these as two separate trademarks.
great vid
Thanks. Glad you found it useful.
How much is that flat fee?
You're welcome to check out our 3 packages: trademarkfactory.com/packages
Hey I need one on one talk with you guys it’s a very bad situation I’m dealing with
We can get someone reach out to you if only we knew how...
Or you can just book a call at trademarkfactory.com/call
And United Kingdom for trademark they charge you £200. And you do it online yourself through the government website
You can file your trademarks online yourself in Canada and the U.S. as well-as long as if you don't care about the outcome.
Where r ur prices?
Hi Dan, you can follow the link below to see the details of our Packages and Prices.
trademarkfactory.com/trademark-factory-packages
Sheilla Galan (Trademarkers) n
They don't actually give you a free trademark search. After you fill up all your Info, they give you this fake great offer to signup with them, really don't like this ways of advertisments.
Tell this to hundreds of business owners for whom we prepared a registrability opinion and who didn't buy anything from us. As for the great offer, first of all, there is nothing fake about it. We do offer discounts and bonuses if you purchase our services before we spend the time doing your search. Secondly, we're not in the business of dispensing free trademark searches, we are in the business of helping brand owners register their trademarks with a guaranteed result for a guaranteed budget. Either way, thank you for checking us out and leaving your comments.
Wow its a good thing I saw your review. I almost made the mistake. Thanks for the look out
Trademark Factory i am trying to call your company but the call keeps ending after like 2 seconds
It was good talking to you yesterday, Ed. I'm glad your call eventually went through :)
did it go well?
I would want an attorney,
Make sure you watch this video: ruclips.net/video/g05Thb3UI5M/видео.html
John Travolta??
Your channel is 10 year old 😱, Are u alive till now 🥺
Not sure how but looks like it ;)
I need a trademark for Gremlin Comics and my superhero Phantom Raven my name is Ricardo Mackey
Ricardo: please book a call with our strategy advisors. They will help you get the process started. trademarkfactory.com/call
Why would you post that for the world to see if its not even trademarked yet? 🤦🏼♀️🤦🏼♀️
Check out our New video for the series
How To Trademark a Name and Logo For Your Small Business:
ruclips.net/video/1myw5tepvPU/видео.html
Trademark Factory well u can email me anytime @ liljayakaliljaysin@gmail.com
He tells you WHY and WAYS you should not HOW.
Worst Intro Song on the face of the planet. Even worse mixing. For the intro and the video itself.
bad manners....
Terrible singing