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MenuFighting trademark opposition at TTAB. How much can it cost?
My US trademark application is being opposed at Trademark Trial and Appeal Board by a large corporation. I'm looking hire an attorney to represent me. Does anyone have an idea of the ballpark cost of the lawyer fees in such cases? I've made a couple of inquiries with lawyers but so far haven't gotten an estimate, or a number of billable hours to expect.
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Although this isn't my area of expertise, I've asked a colleague of mine who is one of the top lawyers in this field, and I'll get back to you once he does. Just private message you so that I can respond (these questions are posted anonymously).
I've successfully helped over 300 entrepreneurs, startups and businesses, and I would be happy to help you. After scheduling a call, please send me some background information so that I can prepare in advance - thus giving you maximum value for your money. Take a look at the great reviews I’ve received: https://clarity.fm/assafben-david
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Is it possible to receive trademark protection prior to registering my mark?
yes. Many jurisdictions have rights in a mark that arise simply from use. That said, it is not the same as the rights flowing from registration and in some jurisdictions, it is not available. A quick call to a trademark lawyer should allow you to clear up if the rights you get through use are sufficient for your purposes. Note: Branding and brand strategy is the most overlooked aspect to starting a business and a little expense now can save you a whole lot of problems later on.Gordon FreedmanGF
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When is the best time to trademark a logo or name? Does the order matter? We are launching our beta site in a few weeks. Should we do it now or wait?
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Hypothetical Scenario: My startup called SnapSms got traction and I am about to c-corp it. Is Snapchat going to have a problem with this name?
Business names cannot be legally copyrighted. Any name is fair game. As long as it does not confuse people. Even if it is the exact name but marketed for a different product in a different way and different market. Just don't use a little yellow ghost as your business logo and you'll be fine.Calvin AndersonCA
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Can you claim a name from the US trademark office if someone else was the first to come up with the name and didn't claim it with the office?
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If I sell some domain names I have in my portfolio, is it my responsibility to do trademark searches before I sell them?
Having worked in the domain name industry since 2001, I would always suggest a trademark search before acquiring names. Please keep in mind that when registering a name, you agree to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) as part of your registration contract. This means that you agree not to infringe on rights of others with the registration of your domain. When selling a domain name, it really comes down to your contract/agreement with the buyer. Depending on the details you might be held liable for any potential trademark infringements at a later time. DIsclaimer: I am not a lawyer, it would be best to consult with a lawyer.Frank MichlickFM
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