Brooklyn, NY asked in Trademark for New York

Q: Trademark??

Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?

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2 Lawyer Answers

A: It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge and undermine your mark.

The U.S. federal trademark application process is highly technical and it is very easy for an unqualified person to make critical mistakes that might be impossible to fix afterwards. I have had many clients over the last 15 years who came to me asking to fix problems with their trademarks only to realize it was too late to seek professional help. Think about this: if you build a house on a swamp and contact a qualified builder only after your house starts thinking it may be too late to fix the problem.

Trademarks are some of the most valuable assets any business can have. A trademark application should be handled properly and professionally from the get-go in order to provide the best protection for your business. You may contact my office for more information. First initial consolation is free and we provide very reasonably priced flat fees for trademarks, and we have literally helped thousands of companies protect their valuable trademarks.

This information was provided for general informational purposes only. It does not, and is not intended to, constitute legal advice.

A: It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed. And you may not even realize your trademark registration was procured with errors and is vulnerable until it's too late. Certain mistakes during the trademark application process can be subsequently exploited by your competitors' trademark lawyers to challenge and invalidate your trademark registration just when you need it the most.

The U.S. federal trademark application process is highly technical and it is very easy for an unqualified / inexperienced person to make critical mistakes that might be impossible to fix afterwards. I have had many clients over the last 15 years who came to me asking to fix problems with their trademarks only to realize it was too late to seek professional help. Just think about this: if you build your house on a swamp and contact a qualified builder only after your house starts sinking, it may be too late to fix the problem. Or your house may have been built from substandard or rotten materials and you may not realize it until it's too late.

A trademark application should be handled properly and professionally from the get-go in order to provide the best protection for your business. Period.

You may contact my office for more information. First initial consultation is free, and we provide very reasonably priced flat fees for trademarks. We have literally helped thousands of companies protect their valuable trademarks.

This information was provided for general informational purposes only. It does not, and is not intended to, constitute legal advice.

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