trademark, servicemark, copyright

[rockinrob]

hello everyone it's my first post (!)

my questions revolve around trademarks, servicemark, copyright:

1. is it legal to automatically put these symbols next to your brand (tm,sm,c) BEFORE getting it registered (i am intending to register my brand/logo with the uspto but in the meantime is it okay).

for those who have pursued registering your name with the uspto:

1. did you hire a lawyer, can you do it without one. i have done some initial research and find no listings of my unique name (sources: county databases for dbas, uspto, and general internet search).

2 when going through the registration process with uspto, if i want to use my logo on letterhead, business cards, websites, and several products. how much do i have to pay? (in california)

thanks in advance for your feedback!

[pps.llc]

1. You can run afoul of the law by doing so ahead of time, at least years ago you could. Otoh, the chances of prosecution are low. However should they ever be challenged, the failure to do things in the right order will come into play. Note that c is ok, but tm would not be.

2. Its always best to let the professionals do it. If you DIY, and miss a step, should it ever be necessary to protect them, it will be a real problem.

3. Not sure about CA, but if memory serves its around $500/class. If you go to the USPTO website, and look in the trademark section, they should have the filing fees posted. The big issue will be how many times you need to file. Per memory, the atty fees are not too bad.

Ron

[rockinrob]

thanks mnphysicist for your reply however through research i have found conflicting info...this stuff is confusing:

1. using tm, sm, or c in the meantime is considered "common law" and acceptable in california. using the r with a circle around it is not legal if the uspto has not yet approved your application. those who are registered overseas and not with uspto may use the r with a circle around it...since they are properly registered in their country.

2. yes, i am considering hiring legal--but again, i am a start-up home-based business so resources are tight. ideally, this would be the best way to go. i should have indicated this in my original post.

3. yes it is $495/class to file with the uspto, my question surround the issue: if i am going to put it on merchandise (let's say 2 products), business cards, letter head, and promo items...how many class(es) due i need to file? pay?

thanks again, i hope this helps frame my questions better.

[rockinrob]

additionally, does anyone know (for resources sake) would it be a safe route to first register my trademark, servicemark, copyright with the state of california first.

reason: it's less expensive and the process is quicker

can anyone who has had experience with this explain why you opted to register your trademark, sm, c...in your state FIRST prior to the uspto?

again, thanks in advance!

[pps.llc]

I've always handed it off to the attorney, and have never done state only. Thats probably why in CA you are fine to go ahead with the sm and tm without getting into trouble. It may be state to state relevant.

What you might do is check with prarie law, same issue with the classifications. You could also meet with a trademark attorney to get a quote, and no doubt they will answer many of your questions (many do not charge for the first meeting).
http://www.prairielaw.com/messageboa...lId=XX&mbId=51

Ron