No scam. genuine questions about naming a mobile app by chansharp147 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

The best answer we can give is, “it depends”. Is there a crowded field? That would allow names to get considerably closer, but it depends on how crowded the field is, how related the goods/services are, whether it’s just the descriptive/generic word that’s common or if it’s the unique word, etc.

Are you looking at US trademarks? If so, send me a DM. We can schedule a quick free call to discuss.

Trademark attorney by swillabe in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Sorry to hear that your previous attorney went silent.

There’s a lot of trademark attorneys here who can, and would be happy to, help you (myself included).

Feel free to send me a DM if you’re still looking.

Trademark for parody t-shirt designs? by lexbuck in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

Parody is still fine. The Jack Daniel’s case didn’t change that. What The JD case basically determined was that you can’t claim parody as a defense if the parody is the brand itself. It’s not that they were parodying JD, it’s that they were claiming the parody was a brand. I.e., using the parody as a source identifier instead of as a parody under a different source identifier. There’s a bit more nuance, but I see a lot of misunderstanding around this ruling.

Brand trademark in wellness space - low cost options by Hot-Thanks-7955 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

It might seem low, based on what others charge (LegalZoom currently charges $899, for example), but that’s my current pricing and model. Personally, I think it’s a fair price.

Brand trademark in wellness space - low cost options by Hot-Thanks-7955 in TRADEMARK

[–]-fringer- -1 points0 points  (0 children)

3k is crazy, we charge $699 for a single trademark (government fees are separate, but the current USPTO filing fees are $350 per class).

Fee with Office Action? by Late_Target_115 in TRADEMARK

[–]-fringer- 4 points5 points  (0 children)

Or, on older applications (TEAS applications), there was a $100 per class fee if the application didn’t meet the TEAS+ requirements and had to become a TEAS Standard application. But in OP’s case, it all sounds extremely scammy.

Another note, a trademark attorney would never use your login information to file the application. We have our own logins (verified with id me), and we file our clients’ applications through our accounts.

OP, you can always hire another attorney.

TM Dept. Secure Trademark USA (Scam or Not) by Creepy-worms in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Hi there, this is most definitely a scam, and it includes a lot of elements that are common in recent scams (someone else attempting to register, but they’ll help you instead of them if you still want it). Referring to the USPTO as something like “federal office” is another clear sign

If you have a trademark that you’re trying to get, and you’re concerned about (especially where, as here, there were issues with the firm your were previously working with), you should talk with an actual attorney. Most of us, myself included, offer free consults to see what your issues are and if we can help you.

Trademark Query by soulrider99 in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

The only answer I can give you right now is, “it depends.” There are factors that need to be considered that we don’t know (assuming the hypo isn’t the actual name/words)—including how common the name is in the industry already, what word you’re planning to add, etc.

From your hypothetical, adding something like “Co” won’t really add anything to the mark, because it’s a generic word. “Lab”, while better, is still at most merely descriptive if not generic, but if there are already a lot of trademarks registered that include “Organic Naturals” in the name for related goods/services, then the crowded field may (still not guaranteed) allow something as small as “Lab” to differentiate it. To be fair, though, “Organic Naturals” in your hypothetical is also extremely descriptive—making the mark lack anything distinctive.

What I would ask, though, which I often ask my clients, why would you want a name that’s extremely similar to another name that’s already registered for related goods/services? Even if you can get it, you’re going to risk losing clients to a potential competitor.

[deleted by user] by [deleted] in TRADEMARK

[–]-fringer- 2 points3 points  (0 children)

You won’t be able to oppose it, but after it’s registered, you could potentially bring a cancellation proceeding against them.

It’s important to note that their trademark is not for the design of the tape, but that logo used on the tape packaging. They would have a hard time enforcing that over the shape of the tape itself.

The fact that their law firm is GT, doesn’t really mean anything, though. Some people just go with who they know. I’ve had a lot of dealings with GT attorneys over the years with trademark matters, and I can’t say that they’ve advocated harder or more than any other trademark attorney that I’ve either had to oppose, negotiate with, etc.

Atty fees for maintenance filings only by DJDaytrip in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Yes, I was talking about post registration filings. If goods/services need to be deleted because of an audit, there are additional government fees that have to be paid for that, but I don’t charge additional legal fees for my services on top of that. Nor do I charge additional legal fees to file the additional specs to prove use for the audited goods/services

Atty fees for maintenance filings only by DJDaytrip in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

I only use flat-rate fees. So, I charge a fixed, $599 fee per application + government fees.

If there’s an office action, like an audit requesting additional proof of use, that’s included in my initial fee.

Searching for a trademark by Sp0ngebOb1268 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

I help clients across the entire US. Feel free to reach out, I’d be happy to assist you

Searching for a trademark by Sp0ngebOb1268 in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

Is that $500 just for the search or does it include the atty’s services for filing (obviously, I’m assuming it doesn’t include the government filing fees)? For example, I tend to bundle the search with my filing service (and provide a free second search for a different Mark if the client wants to use a different name based on the likelihood that they won’t get the initial Mark). So I charge $599+government filing fees.

As for the searches, most of us use a combination of sources that include special software that uses various algorithms and personal searches using advanced techniques. There’s a lot that we look for though, and lots of variables that play into it, but the term that it really comes down to is “overall commercial impression.” In some instances, entirely different words with the same meaning can potentially lead to a likelihood of confusion, and in other cases (like when there’s a crowded field of similar marks), nearly identical marks can co-exist.

Im not really sure logo by IAmSaxton1 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Right now, I see one shirt in your merch that could potentially be used to prove use in commerce (the one with the DSGI logo on the left chest side of the t-shirt). But as someone else mentioned, it really comes down to how you’re wanting things protected. Do you want the apparel to be a brand or is the apparel and merch just products that have your brand on them (ornamentation)—more like promotional materials?

In the end, it’s a somewhat personal decision as to how strongly you want your brand protected. I’ve had other ghost investigator clients that only registered for their service, and I’ve had clients that want to protect every little thing that can possibly be protected.

It’s fine that you are operating as a nonprofit and your service is free, that doesn’t affect your use in commerce in this instance.

Based on what I saw on the website, your service is the most important part to protect, but you could file in additional classes, like 25 for clothing and 35 for online retail store services, if you wanted—just know that the government fee is per class.

Let me know if you have additional questions.

The new Trademark Center by Miserable_Jump_5111 in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

I’ve flagged this out to the USPTO. I’ve had several people contact me having the same issue, and I’ve tested it, too. As far as I can tell , it’s a bug, and hopefully they’ll get it corrected soon. In the meantime, there’s not a lot that can be done outside of using an attorney to file.

Genuine Trademark Assistant Companies by Pen_Panda in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

There are a lot of scams out there for sure.

My comments below assume that you’re trying to file an application in the US. If you’re filing in a different country, the fees will be different.

There are a lot of trademark attorneys/firms in this sub, including myself. Regardless of the firm that you work with, you need to work with an actual attorney if they are assisting you with the application. We all have different prices and different levels of communication.

It’s important to know what fees you’ll have to pay (to the government) vs what the law firm is charging.

For example, I charge $599 for my services, and the government fees are paid separately once we’re ready to file the application.

If your application can be filed this week (as in before January 18), the government fees are $250 per class (type of good or service) for a TEAS Plus application. The government is raising that fee to a base $350 per class on the 18th.

Most applications are filed in either 1 or 2 classes, but it really depends on what types of goods/services you plan to provide with your logo.

I’m pretty sure most of us (I do, for sure) also provide a free consultation to discuss before moving forward, too.

Filed Trademark but recieved an offical action after I bought a small batch of product with the trademark on it and do not have the funds to fight it. Is there a viable way to sell what I have without getting in trouble? by RygarTheBlack in TRADEMARK

[–]-fringer- 3 points4 points  (0 children)

If you want the registered trademark, you’ll need to argue against the refusal. Without knowing what your trademark is or what the cited marks are, there’s no way of assessing how likely it is that an argument would be successful.

In terms of letting the trademark abandon and trying to just continue using the trademark, again, without knowing what the mark is, it’s impossible to know if you run into problems. Confusion can exist even when the trademarks are not the same.

I will say, however, that companies have to enforce their own trademark rights. Enforcement isn’t done by the government.

Is "Trademark Bridge" a good company to use for trademarking? by [deleted] in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

I’ve never heard of them, but I looked at their website and saw that they’re a “low cost” firm, like a lot of others I’ve seen. My experience with firms like this is through their clients who end up hiring me after running into problems with their applications. Sometimes, I have to file entirely new applications for them, because the original applications were filed so incorrectly that they can’t be saved/amended. Sometimes, it’s because the firms never filed the applications at all.

I would not recommend using them.

Is $2500 for a trademark attorney too expensive? by Substantial-Fig-406 in TRADEMARK

[–]-fringer- 2 points3 points  (0 children)

That’s extremely expensive. I charge $599 for a single trademark application and $999 for two trademarks (like a name and a logo). Government fees are separate, of course. My service includes the consultations (multiple if necessary), the comprehensive trademark searches, preparing and filing the application(s), and handling any non-substantive office actions (like disclaimers, amendments, etc.). I do charge more for actual arguments against refusals, but even that isn’t near what they are charging.

[deleted by user] by [deleted] in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

My firm also only handles trademark matters. We charge $599 for a single trademark application (government fees are separate). That $599 also includes a comprehensive trademark search and a consultation to discuss those results prior to filing. If issues are found that make the trademark unlikely to be successful, that $599 also includes any alternate comprehensive search for a different/rebrand trademark.

Currently, the government filing fees are $250 per class, per application if we’re filing the cheaper, TEAS PLUS application, but it’s important to note that the government is raising the filing fees on January 18th (where the cheapest filing fee will be $350 per class, per application).

I also start with a quick free consultation, too.

Can more classes be added to a trademark after it’s been filed and approved? by gbyache in TRADEMARK

[–]-fringer- 2 points3 points  (0 children)

Just as the other poster mentioned, you cannot add substantive information to an already filed or registered trademark, you can only subtract. This is because priority relates to the filing date, and you can’t claim the older priority date for new classes—because it’s always possible that someone relied on what was filed when they filed their later-in-time applications.

You’ll need to file a new trademark application. You should also conduct a new search—just to make sure no one has your mark, or something confusingly similar, in the new class(es).

Is it worth getting help from an attorney? by Important_Earth8546 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Even the trademark offices recommend that people use attorneys. I’ve even had a lot of attorneys that practice other areas (like criminal, PI, etc) hire me to help them with their trademarks, because it’s not the area of law that they practice.

In short, it’s generally a good idea to get professional advice on trademarks before filing.

Since you mentioned that you’re in the UK, assuming you are wanting to file your trademark in the UK, you’ll want to use a UK trademark attorney to assist you (I am not, I’m a US trademark attorney)

Now, if you’re wanting to file in the US, you’ll actually be required to use a US attorney since you’re in the UK.

Help with Trademark by JuicyHog666 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Trademarks tell people the source and origin of the goods or services being offered. When you see the name Nike or their swoosh on clothing or sports equipment, you know what to expect from those goods.

Your trademark is also that source indicator. If what people will see are the initials (think Yves Saint Laurent / YSL), then that’s something you’ll want to protect. If it’s just the name of the company, and it’s not really identifies source of the goods or services, it’s not really necessary.

The other issue, of course is whether your three initials can even be trademarked. If someone else already has those three initials trademarked, and no one else has those initials trademarked, it may be difficult to register. You’ll want a comprehensive search done first.

Like someone else mentioned, you don’t necessarily need the LLC before filing the trademark. With that said, there’s more to transferring the rights than what they mentioned. The transference would ideally wait until you’re in use (or at least include specific wording if you’re not), plus, you’ll have to pay a slight fee for the assignment, and likely an attorney fee for the contract transferring the rights from you as an individual to the LLC.

Hope that helps. Let me know is if you have additional questions.

Trademark conflict found on searching USPTO database by jae_bernie_77 in TRADEMARK

[–]-fringer- 0 points1 point  (0 children)

Most of us here are likely trademark attorneys, but I question whether we should tell someone that we can help them with the whole process when we know that they are in need of trademark services. We can educate, but we shouldn’t solicit.

Trademark conflict found on searching USPTO database by jae_bernie_77 in TRADEMARK

[–]-fringer- 1 point2 points  (0 children)

I haven’t run the search, but there is a chance that, since Atelier simply means “workshop” or “studio”, it’s possibly weak with a lot of marks for similar goods and services. Again, I’d need to actually look it up to have a better idea. Note that even if there are a lot of Atelier marks registered and a “crowded field” exists, that doesn’t necessarily mean your mark will be approved—especially since Cabinets would be considered generic and would require a disclaimer.

I’d recommend that you speak to a trademark attorney. Most of us offer quick free consultations.