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Frequently Asked Questions

Do I need to use an attorney to make an application to register a trademark?

Trademark FAQ's
No. Although it is not required that you use an attorney to pursue a trademark application, it is often desirable to employ an attorney who is familiar with trademark matters.
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How do I register my trademark? Do I need an attorney?

Trademark.com Frequently Asked Questions
All that is necessary is that you fill out an application and send it, a "drawing" of the mark, specimens showing how the mark is used (or intends to be used), and the appropriate filing fee(s) to the USPTO. (Currently these fees are $325 per class.) The USPTO does not require applicants be represented by an attorney. In fact, most of the Attorney-Examiners actually go out of their way to assist applicants who file their own marks.
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Do I need an attorney to register my trademark?

Abrahamson Group - FAQ Trademarks
Not in the United States. You can register trademarks without the aid of an attorney by using the USPTO (http://www.uspto.gov) website. Your trademark application may be refused, however, which could lead to abandonment of your application and a loss of your trademark rights.
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Do I need an attorney to file a trademark application?

Trademark FAQ
No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association.
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Do I need to register my trademark?

Trademark FAQ's
No. It is not required that you register your trademark or service mark in order to establish ownership rights. However, besides providing constructive notice throughout the state regarding your claim to ownership of the trademark, registration provides the trademark owner with certain procedural advantages should it become necessary to judicially enforce your trademark rights.
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Can a state trademark application be used to register a trade name statewide?

Trademark FAQ's
No. There is no state trade name registration act. In addition, a trade name, per se, is not entitled to registration under the provisions of Texas Trademark Act (Chapter 16 of the Texas Business & Commerce Code). However, a trade name that also functions as a trademark is entitled to registration. Whether a trade name also functions as a trademark is generally based upon the manner in which it is used and displayed.
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Frequently Asked Questions (FAQ) About Trademarks
such as Avanti Merchant Services. If you or your company is not located within the United States of America, you will need to have a domestic representative. If you or your company is not located in Canada, you will need our domestic representative services.
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justtrademarks.com
Although you have certain rights in a trademark as soon as you begin using the mark, a federal trademark registration gives you these additional benefits: gives you exclusive nationwide trademark rights - without a federal registration, you only have rights in the geographical areas where you are actually using the mark; allows you to file your trademark registration with the US Customs to stop counterfeit products from coming into the US. No.
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Frequently Asked Questions | Mexican Trademark Registration
Once a search has been carried out to determine whether or not your trademark can be registered, the requirements are:
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Fleit, Kain, Gibbons, Gutman, Bongini & Bianco
Although using a trademark first in a given territory establishes some rights in its user, there are important advantages to registration of the trademark in the principal register of the PTO. It is also possible to register a trademark in some states. A certificate of registration in the PTO has the effect of being prima facie evidence of* (see 15 U.S.C. § 1057).
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Inventors IPO; Your source for Inventors Kits, inventors, in...
No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. [ Top ]
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Do I Need To Be Using My Trademark To Register It?

AGN MAK:::
No, but you must have a bona .de intent to use the mark in interstate commerce. If you have not yet used your mark, you may file intent to use application. Additionally, the intent to use applicant must later file a Statement of Use when the mark is used in interstate commerce. There is additional filing fees associated with filing a Statement of Use. These additional fees (currently a $ 100 government filing fee and a $ 185 preparation fee) are not included in our $250 application fee.).
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Do I need to hire a trademark attorney or can I file myself?

TrademarkMatters.com - Home - Corporate Name Searches - Logo...
Not necessarily, as you can file the application yourself. Because of the complexity of trademark law it is often difficult for laypersons to determine the best strategy for registering a mark. A trademark attorney who is skilled in conducting trademark searches and familiar with the detailed procedure for trademark registration will help you enormously to save time, to ensure protection in the appropriate trademark classes and to avoid rejection on absolute grounds.
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Can I use a trademark for which my application is still pending?

FAQ
No. During the first two Sunrise periods, in accordance with a decision of the European Commission, prior rights cannot be invoked for registering a domain name matching a trademark for which the applicant has merely filed an application with a trademark registration authority. In the second phase, a domain name may be registered for a trademark that qualifies as an "unregistered trademark". You can read the official description in the document entitled ".
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Do I need an attorney to file my application?

Trademark FAQ
No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and the Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. The USPTO cannot aid in the selection of an attorney.
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Can I expedite the review of a trademark application?

Trademark FAQ's
No. Pursuant to Chapter 16, Business & Commerce Code, trademark applications are examined in the order in which the applications are filed; including applications concurrently processed for registration of the same or confusingly similar marks. Consequently, due to the nature of the examination process a trademark application is not processed on an expedited basis.
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Who May File an Application to Register a Trademark?

Trademarks: Frequently Asked Questions by 4Trademark.Com
Any person, corporation or partnership may apply. You shorten the procedure by using 4Trademark.com to guide you through the process: the many kinds of marks you can use, what is available at a state and federal level, and what may be best for your particular business.
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Do I need an attorney to do this?

FAQ Frequently Asked Questions
No. The court is very veteran-friendly, and about 80% file without an attorney. The publishes a list of veterans who have filed appeals without an attorney, and unrepresented veterans will receive tens of letters from attorneys wishing to represent them before the court without fees. More Questions on this topic? Ask it here http://www.hadit.com/forums/index.php?showtopic=1521
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Legal FAQ
This is a matter of choice. You may, but are not required to be represented by an attorney. Corporations may be represented by an authorized employee.
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Do I need to register to use BTX?

Backstreets.com: FAQ List
To use it fully, yes. You can read posts without registering, but if you'd like to respond via post or private message, or post a new topic yourself, you'll need to register. There's a button at the top of the page which you can click to start the registration process.
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Why do I need to fill out an application? Why can't I just register for the course?

Hopkins Undergraduate Admissions :: FAQs :: Visiting Student...
The application process ensures that the student is academically prepared and that the selected course is an appropriate one to meet the student’s personal and academic goals. An application is required of all visiting students, regardless of their Johns Hopkins affiliation.
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Do I need to register my trademark or service mark in order for it to be a valid trademark?

Abrahamson Group - FAQ Trademarks
No. In the United States, merely your use of a trademark or service mark in a certain trading area (known as 'common law' use) is sufficient to give you trademark rights. Federal registration of your trademark, however, is recommended because it confers a number of automatic rights not conferred by your common law use. Top
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FLP - Patents & Trademarks FAQs
No. You can establish rights in a mark based on legitimate use of the mark. However, federal registration has advantages, such as: Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
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