All Questions in Trademark Registration >> Filling the US trademark form by myself

Filling the US trademark form by myself

Posted by . updated on 11/11/2009
What is the name of your state (only U.S. law)? Ny ny

Hi i was thinking of filling my trademark form by myself and after speaking to attorneys, they told me it was not a good idea because other parties can see that you've filled the form alone and the chances of them trying to object to your trademark is bigger because they might think you don't have a clue what you are doing. Can you give me your advice on that?

Also, i started filling the online trademark form and it seems so easy. I am trying to register wikihospital and i have two questions regarding that:

-Do you think it will be rejected? I saw wikibank was trademark so i don't think mine would be a problem.

-It's a website i want to create, should i put on the form that the name is already in use even if it's not because i red that if you mark "alledged to use" you need to submit a proof when you start using it or they will cancel trademark...what should i do?

-I saw i need to mark the different different classes of goods and service of my trademark. How important is that part? can you add classes after submitting?

Thanks for your help 
Answers (3)
 
JSonnabend
I agree with others that preparing the application yourself can be troublesome, not because others might see you as an easy target, but because the process is full of pitfalls that are easy to hit if you don't know what you're doing.  Based on your questions, I think that is likely the case.

First, there's no way for anyone to give you any usable prediction regarding whether or not your registration will be allowed, absent some obvious obstacles (which I don't see at first glance).  To get reasonable guidance, someone would have to do a TM search for you and review the specifics of your intended mark.

Second, of course you can say your mark is in use even though it isn't, provided you don't mind committing perjury (which may even be punishable by jail time) and likely losing your registration in the future.  Facetiousness aside, no, you can't say a mark is in use when you know it really isn't.

Third, don't worry about actual classes.  Just accurately describe the goods/services associated with your mark and the examiner will assign the proper class(es).  If you fall into more classes than you pay for, you can delete classes or pay the additional filing fee later.

Really, if your mark is important to you, you should really consider finding a qualified TM attorney to handle it for you.

- Jeff
 
 
JessicaBrown
Thanks for answer,

I've read a lot of post on intelproplaw and i can now ask more specific questions  Cheesy

About "intent to use".
Reason why i am not sure about "intent to use" is because my website is not quite ready but i could put it online with the membership system ONLY to be elligible as a valid specimen of interstate commerce.

If i understood correct (Dell Case) for a website that will work on memberships, i could send a screencap of my website as valid specimen and say my tradeamrk is already in use then later upgrade to newer version of website? Am i correct?

About classes question. I was filling the online form and i saw no field for description of good/services, instead i had to choose classes and also sub-classes. If i understood correct. Reason why you cannot, for example, fill a trademark request with all classes is that you'll have eventually to prove that you've done business under all those classes. Also money is another matter as it cost 150$ per class you choose for governement fillign fees? Am i correct?

Thanks again

 
 
JSonnabend
Quote from: JessicaBrown on 01-16-09 at 02:09 pm
Reason why i am not sure about "intent to use" is because my website is not quite ready but i could put it online with the membership system ONLY to be elligible as a valid specimen of interstate commerce.
Not necessarily.  Better make sure it's a bona fide use.

Quote
If i understood correct (Dell Case) for a website that will work on memberships, i could send a screencap of my website as valid specimen and say my tradeamrk is already in use then later upgrade to newer version of website? Am i correct?
The website upgrade isn't a problem, it's the nature of your use that may be.

Quote
About classes question. I was filling the online form and i saw no field for description of good/services, instead i had to choose classes and also sub-classes. If i understood correct. Reason why you cannot, for example, fill a trademark request with all classes is that you'll have eventually to prove that you've done business under all those classes. Also money is another matter as it cost 150$ per class you choose for governement fillign fees? Am i correct?
I have no idea where you're getting some of this.  The eTeas form provides the ability to enter as many descriptions as you want, practically speaking.  You'll have to pay an application fee for each class, which is $275 or $325 per class, not $150.  If you go the ITU route, your SOU will cost $100 per class.

A little knowledge is a dangerous thing.  Good luck to you.

- Jeff
 

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