Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?
I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,
Which kind of trademark do I need to register as well as the cost to register and how long time it takes for this process. Actually I need it for US base registration, because 95% of my digital online business mainly focus in USA customer base. In Asia actually just processing part.
A:
Hello Raymond,
To trademark your brand name for your digital art, you'll need to follow these general steps:
1. Conduct a trademark search: Before applying, search for existing trademarks to ensure your brand name isn't already taken. You can use the trademark database of the country where you plan to register.
2. Choose your trademark class: Trademarks are categorized into different classes based on the goods or services they represent. For digital art and NFTs, you might consider Class 9 (downloadable digital files) or Class 42 (online services related to digital art).
3. File a trademark application: In Thailand, you can apply through the Department of Intellectual Property (DIP). In Hong Kong, applications go through the Intellectual Property Department (IPD). You'll need to provide your personal details, a clear representation of your trademark, and the classes you want to register in.
4. Pay the application fees: Trademark registration costs vary by country and the number of classes you apply for. As of 2023, in Thailand, it costs around 1,000 to 2,000 THB per class. In Hong Kong, it's about 2,000 to 3,000 HKD per class.
5. Wait for approval: The trademark office will review your application, which can take several months. If there are no objections or similar existing trademarks, your trademark will be approved and registered.
The specific requirements, fees, and processing times may have changed by 2024, so it's best to check with the respective trademark offices or consult with an intellectual property lawyer for the most up-to-date information and personalized advice.
Keep in mind that trademarks are territorial, so registering in Thailand won't automatically protect your brand in Hong Kong. You'll need to apply separately in each country where you want trademark protection.
I hope this information helps guide you in trademarking your digital art brand name. Let me know if you have any other questions!
A: Filing for a U.S. trademark that you already are using will cost $250-$350 in government fees plus about an hour of attorney time. I takes about one year to eighteen months to obtain registration. You can and should use the trademark during the application process. The only thing to watch out for is what if you are using someone else's brand? It would be a good idea to have someone search on this question for you. That costs about $200-$250.
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