What Would You Do If You Were Me?

byjetrbby80316

5K followers

Updated 4 years ago

I’m launching an exciting new business in a niche in which I am an authority in, and also turning it into an engaging and informative new You Tube channel.

I’ve also already built a simple website that is associated with it.

And created a blog.

Yesterday I did a USPTO Trademark search (United States Patent and Trademark) for the business name I will be using of all 8935 records dating back to 1969.

My exhaustive search yielded that there has been no other business with that name, let alone a business with a similar name that currently offers the same goods and services as I do.

The last part of my previous sentence is key.

In US Trademark law, there are many business who get approved for trademark that are even allowed to use the exact same business name as other businesses who have preceded them, so long as it is determined by the USPTO that their goods and services being offered could not be confused with other businesses that are using the same name.

However, that is not even my case. There are zero records since 1969 that I can find that have the same name. So I believe I am good to go.

Yesterday I was not able to get through to the USPTO as their website now requires a two-step authentication process, which has a glitch in it. Also I was not able to reach any representative in USPTO a support as it was the weekend.

As a result, although I tried to establish 2-step authentication several times, due to error messages I was not able to start up a new account.

I have self-filed and have been granted several Trademarks in the past. The cost is generally $275.

If you do not renew your trademark every so many years for a similar fee of $275 (I believe it is 7 years), you are then granted an additional grace period of 3-6 months to renew. If for whatever reason you are not able to renew your Trademark by the end of the grace period, your trademark will become “DEAD” and you will be unable to revive it in most cases.

Here is My Dilemma

The situation is that I am already “chomping at the bit” to posting exciting new videos on my new You Tube channel. Several videos have already been completed, and they are also SEO-ready.

However, I am hesitant to do so until I am able to file for my trademark.

The reality is though, it is highly unlikely that someone “out there” with similar goods and services would “steal” my name, but hey you just never know. Heck, as you know I even did an exhaustive USPTO data-base search of all 8935 records dating back to 1969, and could not even find the same name I will be using.

Also note as a quick temporary solution, many businesses simply add the “TM” at the end of their logo before actually filing for the trademark. In the interim, I have done the same.

Some businesses use this “TM” designation after their logo without EVER filing for a trademark, and they are still able to operate profitably for many years. Note, it is NOT breaking the law in doing so, but you CAN lose several legal advantages by not filing.

(Note: By no means is the USPTO data-base complete. There are other businesses that have been granted trademarks that are not included in the USPTO data base – the USPTO even includes this disclaimer on their website. However the USPTO search data-base is a good benchmark of names that are available).

Right now I would love to publish content on my new You Tube channel. In business however, you must take quick action, but at the same time you can never be too cautious.

What would you do if you were me?

Would you go ahead and post these complete videos NOW to your new You Tube channel BEFORE filing for the Trademark, or would you wait until the Trademark is filed?

Note: It expect it could take anywhere from a day to one week before I get this trademark filed.

Cheers,

Kaju