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    1. RunningMan65 is offline

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      #1

      How To Register a Trademark For My Product?

      I've just finished developing a pretty exciting new product for runners (well, exciting for ME anyway lol) and I was about to get ready to put it in my shop and publicize it. But then a buddy told me I should register a trademark before I do anything else.

      I don't know too much about this and my buddy said I could make things easier on myself if I hired a trademark attorney. But I don't want to spend money that I don't have to and I've heard that I can do trademark registration on my own.

      Aside from that, I'm actually wondering if registering a trademark for my product is necessary in the first place. Sorry for all the questions just nervous. Anyone got any helpful tips or info they can share on this? Thanks.
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    2. MafiaDave is offline

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      #2
      I learned about the importance of registering your trademark the hard way. I don't know what your product is but if it's something original that you have created and want to market, I would definitely get a trademark registered for it. I think this is something that many people, particularly online, don't take very seriously but they really should.
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    3. QuentinC is offline

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      #3
      Listen, this is really important. The reasons you need to register trademark are so that your product and your business are protected. If you invest money in branding your product and marketing it and someone steps in saying I own that trademark, you can't use it, then you not only lose a lot of money, you also face legal hassles.

    4. RadicalA is offline

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      #4
      Also this happened to somebody I know - not registering your product's trademark makes it easier for other people to copy it and capitalize on it, using the mileage created by you and your name.

    5. MafiaDave is offline

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      #5
      Yeah, see, RunningMan65, when you register trademark for your product, it's what they call constructive notice of ownership and it makes things a whole lot easier for you if you get caught in a lawsuit.

      It also tells everyone, this product is NOT in the public domain. That means people can't just take it and use it. Having a registered trademark also makes it easier to file federal cases against violators, get registration in other countries and prevent infringement from happening from other countries as well.

    6. RunningMan65 is offline

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      #6
      Wow, I had no idea there was so much involved. Ok, clearly I need to register a trademark for my product. But is the process very complicated? I guess this is something that's also intimidating for me, will I have to wade through a lot of legalese? Will I need a lawyer?

    7. MafiaDave is offline

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      #7
      There are actually pretty clear-cut steps to registering a trademark, but some steps are definitely easier than others.

      The first thing you need to do is a trademark search to see if the trademark you plan to use is already taken. You can do this with a general Google search and I would also recommend you run it through the US Patent and Trademark Office website to see if it's already registered or if someone's already applied for it.

    8. QuentinC is offline

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      #8
      All true, but there are also companies you can hire who will do a far more thorough search to see if your product name is already in use somewhere. These companies usually have more resources at their disposal and will scour things like phone books and company listings. I would recommend this if your product is going international and will be sold online.

    9. SteelyDan65 is offline

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      #9
      I'm a little confused about the product name and trademark here. What exactly qualifies as a trademark? I mean, if I invent a chewy rubber ball and call it Chewy Rubber Ball, is that a legit name for register trademark?

    10. MafiaDave is offline

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      #10
      That's a really good question Dan, it's also where most people slip up. A trademark is defined as a word, logo, phrase or a combination of these things that identifies your product as unique from others. So, let's say that I have created a new cat toy called Blue Fish. And say I run through a search and find a chain of pubs called Blue Fish. I can still technically register the name because its use is different. I'm selling a cat toy, which is a very different market from a pub.

      Now taking your example, Chewy Rubber Ball, this is a great name because it tells the consumer just what the product is. But in terms of register trademark, it is merely descriptive and probably won't qualify.

      There are a number of criteria your trademark has to satisfy in order to be registerable. This is usually where people call in the lawyer, especially if they're dealing with a field that already has a lot of registered trademarks.

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