Los Angeles, CA asked in Business Formation, Trademark and Intellectual Property for California

Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

5 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

Felicia Altman
Felicia Altman
Answered
  • Trademarks Lawyer
  • Mercer Island, WA
  • Licensed in California

A: If the mark is for a good or service used and sold in commerce you should be able to register for a trademark. The first step is to contact a trademark specialist who can assist with reviewing if there is another same or similar mark already registered with the USPTO and provide guidance and assistance navigating the USPTO application process.

James L. Arrasmith
PREMIUM
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Answered
  • Sacramento, CA
  • Licensed in California

A: Federally, through the United States Patent and Trademark Office (USPTO), you can file a trademark for a specific item or product you sell. The key is to ensure that the item is distinctive and not merely descriptive of the product.

Before filing, it's essential to conduct a comprehensive search to confirm no one else has trademarked a similar name or logo for a related product. If your search is clear, you can proceed with the application process.

The application will require details about the product, how you intend to use the trademark, and specimens showing the trademark in use. Securing a trademark can offer legal protection against unauthorized use. Always consult with an attorney well-versed in intellectual property to guide you through the process

Jason C Palmer
Jason C Palmer
Answered
  • Trademarks Lawyer
  • Hermitage, TN

A: Yes, you can file for a trademark for one particular product on your website. Generally speaking, your filing may become a registration if the name is trademarkable and is not likely to be confused with other registered trademarks. You can file for a trademark registration with your state or with the USPTO if you are selling your item "in commerce." Filing for a trademark registration with the USPTO costs more and takes more time to receive a registration, but it offers stronger protections than a state-registered mark. An experienced attorney can help you draft an application that has a higher likelihood of becoming a registered mark.

Adam W. Bell
Adam W. Bell
Answered
  • Trademarks Lawyer
  • SF, CA
  • Licensed in California

A: Hello!

You have two options.

1) file the trademark yourself - I would suggest starting with the USPTO website. It is of course authoritative and completely reliable. You CAN do it yourself, but in our experience, very few people actually want to put in the time and the work involved to do a good job. But it's up to you and I always encourage independent clients to look into it.

2) Have a trademark attorney do it for you.

The most important this is to avoid using unreliable websites or individuals who are not US licensed attorneys and who will basically scam you. I won't go into this in detail because it's all in the FAQ section of our law firm's trademark website: www.TM-Quick.com. You will find lots of useful information on the website about choosing and screening a strong trademark.

The USPTO also provides very useful information about avoiding scams: https://www.uspto.gov/trademarks/protect/filing-firms

So be careful.

We are a patent and trademark law firm. If you have any questions, just email us at abell@bell-iplaw.com.

You can also look at our stand-alone trademark website www.TM-Quick.com.

Good luck.

Adam W. Bell BSc. DPhil. JD.

abell@bell-iplaw.com

Website: www.bell-iplaw.com

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