Do I really need to register my trademark ?

[itsjustme4]

I have a name, and am not quite sure if in the future (near future), I have to use this name as my business identification (product/service). Since, I came up with this unique name, I would like to have legal rights on it (in case if somebody else copies it). I was going through the application to register the trademark, its costing $275 / $325 ( and it doesn't even say if it is per year/10 years). Does everybody (who is planning to offer service/product) go through this process, lets say facebook and many other free online services.., do they register their trade mark ????

Can I use "TM" (superscript) in front of my name, even though, I haven't applied for Trademark registration ????

Any ideas are appreciated ?

[Desert_Star_Systems]

WIKIPEDIA says:

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2] There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

and GOOGLE says:
Call the Trademark Assistance Center at 800.786.9199 for help on trademark matters.

[my_misyel]

You should register your trademark to protect and use your name in your products/services because in this way, you're being identified to that name.

[sukie]

Absolutely trademark it.

It is a 10 year renewable registration but I believe it requires paperwork for renewel during the sixth year. (stupidity of a government agency.)

Also, I used legal zoom, did the descriptive wording describing the mark myself. This is very important and I was copying exsiting mark wording from the USPTO tess search.

I was relieved to find that I made an error, An attorney from USPTO contacted me and the wording was corrected at no charge.

After submission the mark is published in a journal for 90 days to seek any opposition with existing logo's. (If you haven't done so search yourself for the trademark at USPTO.gov to see if it is already in use.)
ie, I have trademarked "slev" (with a line over the "e") I searched for slev (no line) and found 3... One was plural but was for clothing. That is okay since I make neoprene insulated tumblers (neoslev.com shameless plug) since the product category is diff. No problem. That is why there is trademarking for 'Lexus" champaign.

Now... about the fee. That is a filing fee you listed there. After the publication opposition part is done you get what is called a notice of allowance from the USPTO

you then have 6 months to submit a "statement of Use" including photo samples of your product in use in commerce.

That has a 100 dollar fee and may require resubmission every six months until approval depending on how many products and what classifications of products bear your mark.

I have one class of product so I am still awaiting final registration. Until that time I am using the "tm" on all my logo work.

Hope this helps.