A new online trademark launched called TrademarkCounsel. The new website is designed to offer an easy and affordable way for individuals and businesses to register and protect their trademarks with the United States Patent and Trademark Office (USPTO).
When I started this blog I thought it was in my best interest to trademark my blog name thephotographer4you®. If you’re blogging on your own independent website. You should consider trademarking your blog and business name.
The process to trademark is a very simple process. Submit the trademark paperwork online with the United States Patent and Trademark office after conducting a name search, I paid the $325 fee, however the fees may differ depending on your trademark request. It will talk approximately one year after submitting the application to receive approval, several conversations with the assigned trademark attorney and simple corrections to finalize the application. Once the application is approved, the trademark office will register your trademark in the directory and send you a certificate stating your trademark information. It is up to each individual to monitor their own trademark once approved. The trademark is good for at least ten years before renewal fees are due.
Disclaimer: I am not an attorney. This information is not legal advice. All information provided for educational purposes only. Consult with your attorney. I am an unemployed Certified Paralegal.
There are several requirement in the first ten years to maintain a Federal Trademark registration.*
- First Filing Deadline ~ You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§ 1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the of the ten year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
- Second Filing Deadline ~ You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §§
- You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and 10th year period, calculated from the registration date.
- The above documents will be accepted as timely if files within six months after the deadlines listed above with the payment of an additional fee.
- Note the The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at USPTO
- Check out U.S. Customs & Border Protection (CBP) ~ maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CPB in its effort to prevent the importation of goods that infringe registered marks, including images of these marks. CBP Intellectual Property Rights e-Recordation (IPRR) system, located at CBP electronic filing allows holders to electronically file IPR recordation applications.
Why is it important to trademark your blog name? Why would you start a blog and find out after the fact that someone else owns the name of your blog?
This could cause a lot of legal wrangling behind court room doors along with a hefty legal bill. Not having your trademark paperwork in order when your product or websites reaches the next plateau can find yourself in the same position as the Beanie Baby maker Ty, Inc. Poor company been fighting lawsuits…and the value of Beanie Babies plummet. You can’t give away a Beanie Baby on Ebay nowadays.
Who owns your business or blog name?
No one owns the name unless it is a register trademark. The name of your blog is there for the taking and there are Internet squatters waiting to snatch all of your hard work away from you. There are many websites on the Internet using names on their blogs that are not trademarked.
Mind your business and trademark your name if your goal is to build a blog that will be around as long as there is an Internet.
thephotographer4you® is a registered trademark – All Rights Reserved