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[leland]

I want to trademark a design - its a simple oultine of a cartoon character, kind of like a template. Is there any way I can do this online? Any advice about trademarking would be helpful as well.

[nissim42]

Yes you can file a trademark online. There are two different applications you can use TEAS application $325 and the TEAS Plus (a few extra steps) application $275.
TEAS Application: http://www.uspto.gov/trademarks/teas/initial_app.jsp

You can also choose to file a trademark in your state if you are a local business and do not intend to expand outside of the state that you live in. This is give you protection on your mark in your state and your state only. It will not prevent anyone outside of your state from using your mark in another state or filing a federal registration. However you will still have all legal rights to continue using the mark within the state that you are using the mark in.

You can file on your own, but you have to do your research. It is probably best to research it yourself and then if you need an attorney along the way hire one. If you are only going to be working within your state it is cheaper to file a trademark in you state rather than on the federal level. (www.TheTrademarkcompany.com)

1. Conduct a search for your trademark: http://www.uspto.gov/ebc/tess/index.html

2. Identify your goods or service (goods is something you made yourself and want to put a name to it eg: you design and create your own cabinets) (service is something you provide for a customer. So if u sell cabinets but do not make them yourself you would be doing a service) http://www.youtube.com/watch?v=zGUPZkE56wk&feature=youtu.be

3. You must provide a specimen (an example of how u use the mark) and/or a drawing (a clear image of the mark/drawing of your logo) If your logo is just letters then it will allow you to type the wording. http://www.uspto.gov/faq/trademarks.jsp#_Toc275426696

4. Identify your class (type of goods/service): http://tess2.uspto.gov/netahtml/tidm.html (type in your type of business ex: contractor = class 037 for service. If you do carpentry, and electrical too they are the same class so you can include those as well. But if you do referrals that is class 035 and you will have to pay an additional $275/$325 for the extra class.

To brand your goods that will be a different class. Say you make carpenters clamps the class for that would be 008. And yes you have to pay $275/$325 for that class as well.

5. You must disclaim anything that is descriptive in your wording/logo for ex: "Blue Top Dry Wall Contracting Company" You have to write the disclaimer "No claim is made to the exclusive right to use 'Dry Wall Contracting Company' apart from the mark as shown. Dry Wall Contracting Company describes your brand/service. And words like Company (co), LLC, Inc. etc always has to be disclaimed.