Portland, OR asked in Intellectual Property for Oregon

Q: How can I purchase this trademark title?

I am trying to start a travel company and would like to trademark my title and symbol.

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2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: First, you need to make sure no one else is already using the same mark. You could do your own search using the Trademark Office's database (http://www.uspto.gov/trademark) but those only include the marks registered. A better option is to consult with a trademark attorney who can go over everything involved and have a proper search conducted, as you do not want to build a brand just to end up starting over later.

Howard Alan Newman MBA
Howard Alan Newman MBA
Answered
  • Portland, OR
  • Licensed in Oregon

A: I concur with consulting a trademark (and business attorney) during the formation of any entity. Moreover, where intellectual property ("IP") is involved (though copyright may be the exception), it's imperative to have an attorney counsel the entity on identifying the IP, drafting the appropriate governmental applications thereof (when necessary), and ensuring that all appropriate instruments (assignment agreements, resolutions, etc.) are executed. There have been too many times where even mature entities thought they could do it themselves and then a few years later get embroiled in disputes and are then to forced to retain counsel where the costs are much, much higher than had said entities done it right on the front end.

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