Free Trademark Checklist

1) RUN A “SELF-HELP” TRADEMARK SEARCH FIRST(PRIOR TO SELECTING THE NAME OF YOUR COMPANY)a. Go to www.uspto.govand run a Basic trademark search.b. Type your proposed name into Google, MSN and Yahoo and possibly other browsers, and note the types of businesses that are shown in the first five pages.

2) DOES THE NAME OF THE GOOD OR SERVICE YOU OFFER EXACTLY DESCRIBE YOUR GOOD OR SERVICE?

If so, you may not be eligible for a federal trademark registration.

3) CONSIDER HAVING AN ATTORNEY HELP YOU SEARCH STATE AND OTHER RECORDS NOT EASILY ACCESSIBLE TO GET A MORE COMPLETE SEARCH. ADDITIONALLY, HAVE YOUR ATTORNEY HELP YOU DETERMINE DESCRIPTIVENESS.

4) DOES YOUR COMPANY OFFER GOODS OR SERVICES ACROSS STATE LINES?

If not, the name may not qualify for a federal trademark registration. Obtaining a website that is viewable in all states, alone, may not qualify.

5) CHECK THE AVAILABILITY OF THE DOMAINS - .COM, .NET, .ORG.

6) CONSIDER WHETHER YOU WILL INCORPORATE OR FORM AN LLC.

7) DO YOU HAVE ALL THE REQUISITE LICENSURE TO OFFER YOUR PRODUCT OR SERVICE?

8) IF YOU ANSWERED “NO” TO NUMBER 2 ABOVE, AND “YES” TO NUMBER 4 ABOVE, CONSIDER CONTACTING AN ATTORNEY TO ASSIST YOU IN THE FILING AND FURTHER STAGES OF OBTAINING, PROTECTING, USING AND LEVERAGING YOUR FEDERAL TRADEMARK.