3 year old business. Should I DIY-file a trademark application for my brand's logo?

by benignpolyp. Posted on Sep 11, 2020    2    5


I have a three year old business that is chugging along well. We have a word mark trademark for the brand name, but it is on the Supp register (I and one attorney still believe it is a suggestive double entendre, but 3 other lawyers and the examiner disagreed so we are waiting out the 5 years to reapply for the 2A principal mark).

That said, we are big Amazon sellers (manufacturing/DTC) with over $1MM on Amazon so rushing to trademark the logo has our eye for opening up the door to Amazon's brand registry. Questions:

  1. Aside from Brand Registry, does adding a logo mark really do much in the early stages if you already have a word mark?

  2. Can a simple logo be trademarked successfully and more easily without an attorney? (especially if we plan to change it in 2-3 years)?


Comments

S0VEREIGNTY

Depend on your industry. If you plan to expand outside Amazon trademark it is very necessary. But imo if you make a lot of revenue a trademark is considered investment which is an important one.

sifterandrake 2

Among other things people have said, one thing to consider is that most logos do not hold up under copyright. Many are simply too simplistic are aren't uniquely composed enough to count for the required copyright criteria.

Simply put, unless you know that your iconography/logo design is a work of art, you are going to have to use trademark legislation to prevent others from stealing it.

As I'm sure you already know, you pretty much have to file trademark registration before you can attempt to stop someone from stealing your assets.

  benignpolyp 1

At that point it seems it might mostly be useful for Amazon's brand reg. Trademark artwork registration from my perspective seems to be easier than copyright (strictly speaking from just qualifying as a work of art that can be registered)

JaySayMayday 3

I can answer #2, the trademark application process is designed for the average person to easily submit an application. Every step is explained in great detail and it's relatively hard to mess up if you're reading everything. It's affordable but takes a long time to be awarded. Usually between 6-12 months for the whole process, but can take longer.

  benignpolyp 1

I believed an attorney was well worth the fee with researching and filing of the word mark (biz name). Simpler logos seem more straightforward