Inside Scoop On Trademarks

Question: I have clever names for my new company, product and even the Web site. How do I keep others from using them? I haven't sold anything yet, so I can't afford expensive help. Where should I go?
 
Answer: Registering a Trademark or Servicemark for your name with the U.S. government will protect it.  It's a long, complex process with detailed rules on what will, and won't qualify for a trademark. "Clever" probably isn't enough. First, read up on the rules yourself, and do a simple search to see if the name you want is already taken.  These resources can help. But seeking advice from an attorney who's a trademark specialist will be money well spent.         
 
For the most authoritative information anywhere, go right to the horse?s mouth ? the U.S. Patent and Trademark Office (USPTO), based in Alexandria, VA. You?ll find everything you need at the USPTO Web site (www.uspto.gov). A special section for first time visitors, available from the Home page, offers a simplified introduction to USPTO services. Or go right to the section on Trademarks for basic facts, fees and pricing, tips on conducting a search to see if a name or mark is already registered, and more. There is an excellent system that allows you to apply for a trademark online as well. Use the Trademark Electronic Search System (TESS) to search trademarks. A terrific ?Frequently Asked Questions? section covers anything you can think of. The site also has a searchable list of approved patent and trademark attorneys. Spend some time at the Web site to familiarize yourself with the process. You can also call the USPTO at (800) 786-9199 or (703) 308-4357. Press 1 to hear general trademark information. E-mail:  usptoinfo@uspto.gov.

PatentCafe.com offers a full menu of patent, trademark and copyright services for entrepreneurs and small business owners, including over 500 pages of information, resource links and even a page for kid-inventors. You can do a search, shop in the bookstore and lots more. Call: (530) 671-0200.

State Trademark Agencies (http://statetm.tripod.com) has contact information and links to the trademark agencies and corporate name registration sites in each state. Do not include "www" in this Web address or it won't work.

MicroPatent (www.micropatent.com), a great place for Internet-delivered patent and trademark information, also operates Trademark.com, an online trademark search site. Call (800) 648.6787.

Nolo Self-Help Law Center (www.nolo.com), free from self-help legal publisher Nolo Press, offers a helpful section devoted to trademarks. You'll find short, "plain English" articles on different types of trademarks, conducting a trademark search, how the Federal trademark process works and how the law protects trademarks.  There's also a helpful Q&A section called Auntie Nolo Questions.  Click on "Trademarks & Copyrights" under the free Law Center from Nolo's home page. 

FindLaw for Business is a section of FindLaw.com that offers answers to business legal questions and can help connect you to a trademark attorney in your area. At the Web site, select "Intellectual Property" under Business Resources.

NameProtect Inc., based in Madison, Wisc., offers trademark research and monitoring services. NameProtect is geared to professionals in the trademark field, but you can use their search services free at Startup Journal, the Wall Street Journal Center for Entrepreneurs. Go to www.startupjournal.com and select "Trademark Search" under Toolkit. You can also search domain names. Reach NameProtect at (800) 689-6223.

The American Patent & Trademark Law Center (www.patentpending.com) has basic trademark information available on its Web site and takes online requests for an attorney-supervised trademark search.

Some businesses expand their trademark searches to Europe and Canada.  For Canada go to the Canadian Intellectual Property Office trademark page available through Industry Canada at (http://strategis.ic.gc.ca).  The European Patent Office Web site is www.european-patent-office.org. European and Canadian trademark searches are also available via the free trademark search at StartupJournal.com.