First time doing a trademark

For my personal (side business) I am ready to trademark my brand. I was putting out the inqiuries to the Amazon accelerated IP partners and getting some quotes. Seems to be around a $1,200 cost. Curious if this is a fair deal and worth it or are there better options I should look into?

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IP accelerator fast tracks you into brand registry from what I recall. That is the only benefit which then allows you A+ content and Brand Registry tools.

If you don’t need that for whatever reason, then there is no need. I remember there is a way to accelerate entry into Brand Registry by doing a Biritsh Trademark (just to fast track into Brand Registry) and then doing a USA trademark on your own - if I can find that post I will post it here.

I have not done this myself - I went through the traditional route of applying for a US trademark a long while ago and then applying from Brand Registry thereafter. I’ll look over the weekend for that post if I can find it.

T_T

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That’s actually not true. Anyone can file a mark and get advanced brand registry. Once the serial # is issued by the USPTO you can apply for and get BR. I’ve done this 3X and it’s fast. 45 days max.

If that’s what IP accelerator is quoting, it’s a good deal. I’ve read that IPA costs $3000 all in.

We pay around $1700 with our own attorney. They are a big pricey firm. I’m sure it’s possible to do it for less but we always pay for things that are important to ensure they get done right.

Good Luck

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Hmmm now I am worried I read the quote wrong then. I will double-check. Thanks man.

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there’s a bunch of parts of the IPA quote.

  1. Research
  2. Filing
  3. USPTO fees
  4. Follow up charge

I was looking at it not too long ago just out of curiosity and I couldn’t believe my eyes. I posted about it in one of the PM groups I was in.

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Well, honestly if doing it myself will take less time than I thought I think I will save the money and just do it myself then. I sell Christmas ornaments so I am not in a huge rush or anything.

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We tried to do our first filing ourselves and it ended badly. I would highly recommend getting someone to help you.

If this business / brand is going to be sold on Amazon, BR is so important for success. I’ve done it both ways (no BR / with BR) - there’s no comparison. 2 brands selling basically the same stuff - the BR brand does 10X the volume.

Don’t save money to lose money would be my final thought of the evening on this laptop.

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Okay well thats good to know, it seemed straightforward but I had that thought in my head that something probably would get kicked back.

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The research is the important part. Even a decent IP attorney will tell you if the mark will fly at the USPTO. There are so many things that can screw up success that reg people don’t know about.

Let’s say you file yourself. Boom - you’re in BR almost immediately. Let’s then say that the USPTO finds a mark that’s too similar in your class of trade. You’d be screwed and stripped of brand registry and would have to start all over again with a new brand name.

That’s basically what happened to us and it was painful and WAY more costly than the lawyer would have been.

We’re 5 for 5 now that we have counsel.

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I concur with ASV_Vites on everything.

You could do things yourself but having a lawyer do it solidifies the process. I’ve done it enough to be comfortable doing it now myself but I wouldn’t just because of time and efficiency.

Iirc just having the application number didn’t work but then again I haven’t faced the situation first hand - it was second hand accounts that I was paraphrasing.

@ASV_Vites when was the last time you did this just so I have a timeline of seeing where/how dated my recollection is.

Thanks!
T_T

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I thoroughly respect the advice of ASV and T_T, just sharing my experience and not advising what your path should be.

I filed myself in 2020, cost was $574. I did a perfunctory search of their database first and then relied on the USPTO to search it. There were no hurdles for me. I was not in a hurry, in fact I still haven’t registered for Brand Registry.

What are the odds someone else claims the same name for the same category? I did file mine before I started reading about a flood of ‘internationals’ filing for US marks, so the field might be way different now.

My category was likely less popular than ASV’s, so there’s that; and it could have cost me more if the initial search did not clear my submission.

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Hmmm, now I’m thinking I should file for mine. Not necessarily for use on Amazon, just a CYA thing

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Trademark protection for a product or business brand is worth the money if you have invested in inventory or equipment.

As others have eluded to, research, research, research.

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We prefer to use a local lawyer in the Omaha area that one of the partners went to college with. But for basic trademark work, you can use LegalZoom as a reference for price. My very first brand was started with a LegalZoom contract lawyer. He turned out to be an Army JAG lawyer and did LegalZoom work on the side. Kind of fun to think this guy was determining if it’s okay to bomb a church with a tank inside it, during the day, and in the evening filling out paperwork for some cheeseball brand I came up with.

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Thanks! Yeah I actually have a legalzoom call on Thursday to discuss. As far as TM’s go I feel mine should be pretty easy.

As others have stated, ensure the name is unique.

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I have registered 4 trademarks with the USPTO and do not mind sharing my knowledge if you or anyone runs into a question.

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I need to renew mine, so raising my hand!

When I did mine the first round, I (obviously) went with “Doily Boutique” and did use an attorney. They came back with “Boutique” was too general. So I added a “doily” around “Doily Boutique”. I really didn’t want to do it myself, but for a renewal, I think I wanna give that a try.

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My first renewal will be next year around Nov of '24. I completed our first trademark in 2019 and the renewal is not needed until between the 5th and 6th year.

I have not yet completed a Declaration of Use. I should start researching the process around mid 2024 but from my memory it is fairly simple.

Based on your registration date of August 7, 2018 you would want to file yours between August of 2023 thru June of 2024. You may need to file yours before I start mine, but I do not mind answering or maybe researching any questions you run into.

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thank you

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