Once you've found a name for your business, group or other enterprise, you want to protect it from poachers. This will be the biggest outlay in The One Grand Smart Marketing Plan, but I'll show you the least expensive way to do it.
(And a no-cost option.)
1. Legal Search
In the past, I paid trademark attorneys thousands of dollars take a company or product name through the trademark process. If you have a good lawyer on retainer - or in your company - that's certainly an option.
The Internet has changed everything, as I'm fond of saying. It has even changed the trademark process for the better.
There are several Internet-based companies that specialize in low-cost filing of trademark. The one I prefer is LegalZoom. Co-founded by Robert Shapiro, one of the high-profile attorneys in the O.J. Simpson trial, it gives you access to a full array of legal services at a fraction of what a typical law firm would charge you.
Trademarks, patents and copyrights are one area of specialty. At this writing, their standard fee for a preliminary search and registration of a trademark is $169 - less than the cost of one hour of most lawyers' time.
DISCLAIMER: I have no connection to LegalZoom and receive nothing free from them. I've just been pleased with their services.
They do research to see if any possible conflicts exist with your proposed name, and advise you if they see problems. I have always found the legal team at LegalZoom to be proactive, courteous and knowledgeable.
2. USPTO Filing
Then, if your chosen name looks clear of trademark issues, they handle the process of submitting your name to the United States Patent Office. The USPTO requires a filing fee of $325, which will be included in your LegalZoom fee.
LegalZoom offers three packages for its trademark service but I think the Basic Package will be fine for most entities.
So, the total cost for this trademark service will be $494. As I said earlier, I have paid 10 times that amount going the traditional way.
3. Lower Cost Option
If you need to save money, you can handle the process yourself with the USPTO. Here's their explanation of the process.
I think the extra $169 you'll pay LegalZoom is worth it, though, just to give you some extra piece of mind. If they see a legal conflict with the name you've chosen, they'll stop you from trying to register it. If you do it directly with the USPTO - and they deny you because of a conflict - you're out $325.
Though the LegalZoom process is handled easily online and is processed with admirable speed, be advised that the entire trademark process is a multi-year process.
Once you get your name registered, you have basic protection. However, in a year or so, the USPTO will ask for proof that you are using the name in business. You'll need to supply a letterhead, website, advertisement - something that shows you're actually using the name or you will lose the trademark.
In all, it's a two or three year process before you have final trademark approval. But even starting the process gives you some legal rights, proving that you have provisional ownership of the name.
I'm not a lawyer and please don't take this as legal advice. LegalZoom or any good trademark attorney will be able to explain the process to you.
4. No-Cost Option
So, what do you do if you don't have $494 to spend on a trademark? First, make sure there doesn't appear to be any major conflicts with existing names. I explain how to do this in our article on naming here.
Then, simply start using the name. Put it on your signs and business cards and document the date when you do so. It's not bulletproof, but established usage counts for something if a conflict arises later.
Further Reading on Trademarks:
BizTaxLaw on trademark registration
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