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Trademarks

Page history last edited by Tobin Fisher 3 years ago

 Here's a compilation of all of the trademark resources.

Tobin

 

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(After talking with a number a great candidates, we decided to work with Ian recommendation based on his thorough advice and reasonable rates. So far, so good.)

 

From Ian:

 

Based on what we've been told by experienced entrepreneurs, trademark is just like patents...file as soon as you can as the process takes a while.

Even if the trademark search doesn't turn up anything, others could be in the process or already using the mark. I recommend going with a trademark specialist, not patent attorneys who say trademarks are no problem.

 

Fortunately it's a lot less expensive. Even more so if you go with an individual. We've used the following independent attorney and have found him to be very bright, experienced, reliable, and enjoyable to work with. He's out of Oakland and would probably be willing to swing by Ardica for a first pass:

 

Omid A. Mantashi

 

Attorney at Law

 

360 Grand Ave., Ste. 90

 

Oakland, CA  94610

 

Voice:  510.593.9442

 

Fax:  510.868.8310

 

*******************

(Not an trademark guy, but sounded like a great patent lawyer in the conversations that we had)

 

I help companies build patent portfolios and avoid patent infringement. I have an incredible trademark attorney (outside of my law firm) that handles the trademark work of my clients. Just ask and I can introduce you.

 

Regards,

Jeff

 

Jeffrey Schox, Esq.

Schox, PLC

www.SchoxPLC.com

730 Florida Street, Suite 2

San Francisco, California 94110

m: 415 233 3660

f: 888 775 9990

e: Jeff@SchoxPLC.com

 

******************

 

(I had a long conversation with Joe and got some great advice. Given that he was one of a few folks not interested in the business, I was all the more grateful and it was all the more helpful)

 

I'd be happy to talk with you to steer you in the right direction.  I've been doing IP/business law, including trademarks, for more than 30 years  and am a former EE and industrial designer.   I'm not in private practice any more and I wouldn't charge you.  If you need to actually file for a trademark, then I would refer you to Jeff Shox  (although I don't know if Jeff or people in his firm do trademark work) or to someone else for the filing work.

 

Feel free to call me.   

 

Joe Hustein

650-380-5425

 

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I've been through this and it is remarkably approximate.  It is actually pretty similar to the patent process.

 

For no money can you be guaranteed you won't have a trademark problem down the road.  If you spend a lot of money for a really thorough search and a professional opinion regarding the likelihood that your mark can be protected you can still be sued later and can lose if the search missed something.  And the search lawyer will definitely indemnify himself against that so it would be your problem.

 

Basically what you have to do is decide how much money you are willing to spend on lawyers to avoid how much risk.  In this respect it is kind of like buying insurance.

 

This is a kind of useless answer, I know, but I worked with in-house counsel on two trademark searches and this is the impression I came away with. 

 

One relatively low cost way to get your head around the options might be to do a search using Google and the search tool at the trademark website and then bring those findings to a consultation with a trademark lawyer and buy an opinion on what is your risk is given what you've already discovered.  Then you can decide how much more you want to pay to reduce your risk further.

 

Tim

 

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We use a firm in the east bay called Cobalt. They are great for trademark stuff. Mostly women, feisty and creative. Pricing has been good for us and they are fun to work with. I can send you contact info if you are interested.

 

 

James Monsees

+  j@jamesmonsees.com

+  james@ploomroom.com

+  m 415 218 0374

 

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The disclaimer:

I have only filed for a trademark once, and it was more than 5 years ago. Also, I’m sure many out there have more experience. And I’m not a lawyer.

 

That said, file now. You’re telling the community that you have this name, and if you’re using the name at shows, that’s one way to establish a common law trademark—but it leaves you more vulnerable than if you get the mark into the system. In my limited opinion, it rarely is too early to get the process started. The USPTO makes it fairly easy to do. 

 

One of the hard parts may be defining the industry classification—because the mark must be unique within that classification, but not necessarily against all other classifications. But check adjacent classifications so that you don’t box yourself out the rest of your business model/offerings.

 

If I were you I’d file for the plain text “ARDICA” first to get the name in the system – and if you have the additional resources and a design drafted up for your graphic/corporate identity, file for that one as well. I don’t think you can do both on the same filing.

 

You can do all that stuff without legal training—the legal part comes in once the filing comes back and they tell you it’s been declined for some reason—then you may need help getting it through the system, amending your original filing to limit the likelihood of confusion with an existing mark, etc.

 

That’s just my opinion.

 

Good luck!

 

 

Neal

BS Product Design ’92

neal@jumpassociates.com

 

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Don't penny wise and pound foolish. Hire a qualified Patent and Tradmark Lawyer and file your trademark properly. The key is getting it classified correctly and choosing the right countries to apply for. It should cost about $2500 to $3000 for the US and then for each country after.

 

I've used Brian Russel - russell@dillonyudell.com

 

http://www.dillonyudell.com

 

Chris Cavello - President                                              mixer* | www.mixergroup.com | 512.707.1001 voice | 512.769.1717 cell

 

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I hope you're well. Sounds like you guys are making good progress at

Ardica.

 

I would definitely recommend you connect with Andrew Gray at Morgan Lewis

(cc'd here)... this is right in his wheelhouse and he's great to work with.

 

 

Best, Steve

 

______________________________

Steve Vassallo

Foundation Capital

e: svassallo@foundationcapital.com

t: 650.614.0500

 

 

Thanks Steve!

 

Tobin,

 

Please feel free to give me a call at 650-843-7575 if you want to talk

through this stuff.  While I have a couple of meetings scheduled, I am

generally around today and tomorrow.

 

Best,

 

Andrew

 

************************************

 

 

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