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Tuesday, December 20, 2005

Trademarks and Patents

Well, I tried to file my trademark on my own and it looks like I kinda screwed up. I want to trademark the name Laundry Locker, as it is a completely new business and no one has a trademark on it yet. So I filed on my own and sent a picture of the locker with my company logo on it, to show that the trademark was currently in use.

Well, you can't trademark a mark that "merely describes the subject matter of the service". The examiner came back and said that I was trademarking a laundry locker. Well until LL, there was no such thing as a laundry locker. We invented it! So I can try to fight it, but that's gonna cost me beaucoup bucks. Or, I can amend the application and file for a supplemental registration. The supplemental will work, and then in 5 years I can convert it to the full blown thing, but there seems to be some confusion out there on the strength of a supplemental registration.

Had I paid the $2000 for a lawyer to file it in the first place (vs. The $350 I paid to do it myself), I probably wouldn't have been in this mess.

Oh well, lesson learned. I've got pros handling my patent applications.


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