Using DMCA As A Dodge Costs Host 32 Million

[pornlaw]

Originally Posted by EmporerEJ

Well, it's a bit more complicated, and expensive, "getting" a trademark.....
First, one must demonstrate "use in commerce, or intent to use in commerce," then, they may object to "subject matter," then comes the inevitable battle with the USPTO, that your wording/category isn't quite right, back & forth a couple times, and then of course, publish for opposition.Providing no opposers, you then go on to publish. After that, maintenance fees at intervals. and, of course, the constant policing.

Unless of course, you are referring to a state trademark?

Yes, a trademark has more "power," once obtained, but everything connected to it is expensive.

Basic Copyright is free.....to every red blooded free American.
Registration of a "body of work" is economical, and allows for high damages when violated. It's almost never challenged for registration. (Is there even a vehicle for challenging it? Not sure)

But there SURE is with trademark!



But still, an interesting strategy.

No I am referring to a federal registration.

If you are trying to do it yourself then you are correct. We rarely get office actions when we file TMs for clients. Usually doing your research first will prevent most if not all the problems and knowing the categories/classes will also prevent a lot of problems. We also make sure that clients avoid intent to use filings. That is another waste of time and money.

I would not suggest that someone try to do a TM on their own. That usually results in problems. For most TMs we charge a flat rate of $1000 and that includes the USPTO fee.

We do suggest that clients do their own copyright registrations though. They are much easier but offer less protection.

Your likelihood of success really comes down to what word/phrase/logo are you trying to trademark.