Trademark Renewal Process: Key Information from Trademark Attorney Rosezena Pierce

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2:10I got that wrong. But hey, no one's perfect. We're pretty close though. Listen to the Nick, Dick and Paul show on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. So is there a time, because I mean, we've gotten emails when you have to actually renew the trademark do they expire at some point and what what is that process like when you have to renew it yeah that's a good question so um unlike your annual reports because a lot of people think well i got to do this every year like i do my you know my corporations and things no it's a trademark um registration after you have it registered you have to maintain the registration between your fifth and sixth year anniversary and then your ninth and 10th year anniversary, and then every 10 years after, right?

2:54So what you're showing the government is that you're still using a brand. So remember I told you guys earlier, Coca-Cola was registered in 1893. Now the thing is Coca-Cola, when they filed the trademark, they filed it for their actual logo at the time, right? With the cursive writing and things like that. So now every 10 years, Coca-Cola have to show that they're still using that same logo in order to keep that historically marked trademark. And so sometimes you'll see them come out with a retro line and things like that. And that's to continue to show the actual use. And, you know, sometimes we get on this topic because people be like, well, should I trademark my logo or should I just trademark my name?

3:33Right. And I say, sometimes you should do both. It depends. But the thing is when you just do your logo, that's the brand, that's the trademark. So it's so important, like a McDonald's, McDonald's did the trademark and standard characters where they own McDonald's and standard characters But they also own the logo with the golden arches for McDonald's because McDonald's has changed their logos about nine different times over the past 70 years So a trademark will last as long as you use it you will not lose it But you do have to keep up the registration maintenance and each time you renew you pay you pay absolutely But but here's the thing because I know why you're asking that question because you're probably getting a lot of spam mail asking you to pay these random people.

4:16So you got to be careful with that because, okay, when we file our trademarks, the USPTO is public record, right? So you're going to get all type of spam mail. You're going to get all type. And this is why it's important that you're represented by an attorney because the government will never contact you. They're going to contact your attorney, right? But the spammers and the scammers, they'll send you saying you got to maintain your registration at year four. So you could go ahead and pay them. And then now a lot of people, trademarks get canceled because they think they paid the government to maintain it when they paid a scammer.

4:51So it's very important. And I want to just say this, as of November of 2023, they are now calling people. When you file your trademark because the government asks for your phone number, they're calling, demanding that you pay$425 or they're going to cancel your trademark. They're acting like they're the government and that type of do not fall for the scam Hang up Automatically and tell them, you know, you will contact the USPTO directly a government official from the USPTO would never demand you pay them over the phone You have to pay your fees through the website. So what's a service mark? So a service mark is basically like I'm a lawyer, right?

5:30And so I offer a service It's just the word you can use interchangeably with the trademark So you could say I have a service mark or a trademark. It doesn't matter. It's the same thing. It's the same thing. Yeah. But you wouldn't say a service mark for a product, basically. What about, so we got the different categories here, but some of these brands are global. And so the international trademark, this is something that people have little to no knowledge about, right? Having to trademark internationally requires a lot of things. It's capital number one, but making sure you have the trademark in each different country.

6:06Talk about that process. That is so very important, especially if you are going to have an international brand, right? I'm working with some clients in Ghana right now that has a really huge brand where they do a really big festival. And, you know, a lot of us are going over there for the festival in December, right? And so it's not only important. I think I know those guys. Yes. And it's but it's so important that, you know, we protect that brand not only here in the States, but also in Africa as well. But the thing is, so there is a there is a treaty that the government has with about 80 other different countries where you can actually it's called the Madrid Protocol, where you can actually when you file your trademark with the U.S., you can apply with all these different countries, but you have to pay all these different country fees and things like that.

6:57Now, that is available to you. I don't recommend it. The reason I don't recommend it is because each country has their own laws. They have their own different processes. And also, too, we want to clear those marks in those countries. So when I have a client that wants to do an international brand, we hire local counsel in those countries. And you'll be surprised. We did a trademark in India. And just because of the conversion rate, it was very affordable for my client to do what he needed to do in there. But it's just a different process. And we want someone local of the land so that they can guide us and counsel us.

7:35I wouldn't be a good attorney if I say, yeah, let's just put it through the system and not blindly. We need to clear that and we need counsel and advisement from that region to help us with that. So how much does it cost to trademark something? So it could cost, well, let me tell you this, the filing fees with the government starts at$250 and can go up to like$425, right? Depending on who you work with, right? There's attorneys that charge from here all the way to$5 ,000. Now, I can tell you what we charge at our firm. We charge$1 ,500 to trademark a mark. That includes the filing. That includes the class.

8:13And that includes us doing the research. What's the class? That's the 45. So one class, right? And so if they wanted to add additional classes, it's an additional$1 ,000 to add. do media education apparel three classes 15 no because media actually falls under the same class as education right so like what i so my favorite okay i'll tell you my favorite class is class 41 and it's the education and entertainment class right and so some of my clients love me and the reason being is because they'll come to me and be like rosina i want to trademark for coaching because i'm a coach i'm like okay but you also have a podcast you also have this course you're also educating people you do events you you're hiring people to come speak and all that can be covered under that one class so um okay so people can do it themselves though too right like people can do it well see i didn't want to say their name but you said it so since you said their name um a lot of people fall short there as well and they because they're not gonna offer you legal counsel and advisement.

9:21They say you can pay more for that and they'll connect you with someone, right? But it's kind of chaotic because you don't have that relationship. You know, and people always ask us, what's the difference between you and LegalZoom? And I tell them the value is in a relationship. You know, I run a law firm, right? I care about my clients and, you know, I'm promoting my client's business. My client's success is my success, right? If I'm in a situation where I can present an opportunity to someone who can help bring my client along, I'm going to do that for my client. But also, too, with those type of companies, you're filling out that paperwork, right?

10:01And they're going to just take the information you gave them and put it into the system. But again, like I just said, I have clients come to me and be like, Rosalind, I want to do coaching. But then I see so much more for them. Right. So it's the custom made like, you know, it's not this cookie cutter service. I'm it's like me having my CPA. Right. I'm able to have conversations with my CPA. Like, look, CPA, I want to buy a house this year. And because I want to buy a house. Right. I mean, my taxes to show this and I want my, you know, my business to show profit because I want to file my taxes.

10:37Yes. I really don't want to pay a lot of money. But in order to qualify to get for this loan, I need, you know, my taxes to look a certain type of way. So it's that value of the relationship. Instead of somebody going and filing your taxes and then writing everything off as a deduction, and now it looks like your business had no value. And now it's like, I look like a business owner who is not generating money. On paper, the three hosts of the Nick Dickens poll show are geniuses. We can explain how AI works, data centers, but there are certain things that we don't necessarily understand. Better version of play stupid games, win stupid prizes.

11:15Yes. Which, by the way, wasn't Taylor Swift who said that for the first time. I actually, I thought it was. I got that wrong. But hey, no one's perfect. We're pretty close, though. Listen to the Nick, Dick, and Paul show on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Then she says, have you seen a photo of my son? And I'm like, who is this person? Welcome to the Boys and Girls podcast. Arranged marriage is basically a reality show And you're auditioning for your soulmate And who's judging? Only your entire family I sacrificed myself to this ancient tradition Hoping to find love the right way And instead, I found chaos, comedy, and a lot of cringe Listen to Boys and Girls on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts I'm Daniel Alarcón, and this is my friend who's much more famous than I am I wouldn't go that far, but I'm John Green, co-host of the podcast The Away End with my old friend Daniel.

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