Trademark Law for Entrepreneurs

Meet attorney and entrepreneur Dana Robinson, and get started with the first question everyone asks: How do I protect my name using trademark law?

Have you come up with a really great name brand that you want to use? Most people start by asking how to protect it under intellectual property law. The first question is actually whether you can use it without infringing someone else's intellectual property first! Once we answer that question, we can move to ways that your mark can be protected.

Before you choose a mark, it is best to do your due diligence. Start with a search of the search engines like Google and Yahoo! but then try the USPTO database as well. This screencast will show you a simple search using the USPTO data.

Now that you feel your mark is clear of infringement risk, protect it by filing a trademark application. This video talks through the trademark application process.

Trademarks can be weak or strong...or anywhere in between. Learn the importance of understanding the strength of your mark. This plays into how strong your mark is, and how well you will be able to protect it.

Would you like to use a trademark that seems like a common word? It may surprise you to learn that you can build trademark rights in a word that is quite common.

Have you heard of the term "service mark"? What about a mark versus a trademark? We discuss the difference here, as well as other technical questions about trademarks.

Don't just go filing a trademark until you have done your due diligence! Learn how to search the USPTO records and understand what might present a problem. This screencast walks the student through two sample searches and discusses why some prior trademarks may or may not be obstacles for the proposed mark. Not only will the student become conversant in trademarks, but conducting a search can cost $2-4,000 when attorneys are used. Save thousands of dollars while also making yourself a smarter entrepreneur.

Learn how to file your own federal trademark application. Most online services charge $150 or more to file in your name, and they still require that you give them all of the proper information. Attorneys charge $400-800 to file your application. In many cases, you can file on your own and save hundreds of dollars on legal fees. If you watch the entire course, then you will have learned what you need to understand trademark law, and even conducted your own due diligence and searched the USPTO records and Google for possible risks and issues before you file. The course can save you thousands of dollars on search and filing costs.

The course will address how to choose the right goods or services, as well as whether to file based on use or intent-to-use. The screencast walks through an entire sample filing, showing the student what each piece of the application requires. Once the student completes the course and screencast, add to the discussion with any open questions and the instructor will do his best to answer questions that may help other students.