Getting a patent, starting a business

As I'm prodding along, I have to figure out things, like how am I actually going to sell my product, how will i manufacture it? This is turning into a massive deal. I can make small amounts at home but would need to get a bigger place to back in and do i need a store front or market the product to various stores? I always wanted to own a business. God finally gave me the idea, now to turn it into something.

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Originally Posted by Aviza As I'm prodding along, I have to figure out things, like how am I actually going to sell my product, how will i manufacture it? This is turning into a massive deal. I can make small amounts at home but would need to get a bigger place to back in and do i need a store front or market the product to various stores? I always wanted to own a business. God finally gave me the idea, now to turn it into something.

What is the product or business?

Can't share til it's protected.

It’s very difficult. I think if you don’t even know how you’d manufacture it, then I am not sure how you can have a business? I’d consult with someone.

I hope this isnt another scam to take your money.

I hate being a downer

I recommend you make one of those items and see if you can sell it online like on Etsy or something. I’d not borrow money and mass produce snd then no one wants it. You have to pilot it.

Also it’s very very hard to get a patent. You’d think you invented something unique just to find out someone already invented in Mozambique or somewhere else.

I’ve read this article about woman who invented poopuri of whatever that bathroom spray. Prior to that she spent her entire life on inventing things and building businesses and none stick. Until she came up with that. It’s life long work

I personaly only knew one person who actually had a patent. My grandfather had two patents. They were commercial industrial things that were used in chemical industry/chemical factories and not by regular consumers (he was chemical engineer mainly working in commercial paint production). One patent I remember was a device that helped to wash paint out of barrels in commercial paint production. But chemistry is something he spent his entire life on

Can you give us a hint what you invented? Please don’t borrow any money yet

I’m in agreement with divine on this one. No one here is going to take your idea, figure out how to make it and apply for a patent. And if you used one of those “inventor help” companies or the ones you see advertised on tv most of them are scams or charge you fees and money for doing what you could do yourself

It's my own unique idea.

I agree with the others. Take it slowly. From other posts its sounds like you have some debt, so I'd focus on paying that down, since starting a business comes with a lot of costs. While you do that, you can check out free online resources and learn about how to do market research, prepare a marketing strategy, business planning, etc. I have heard the Small Business Administration has programs to help people interested in starting a business. I would imagine there's nothing in-person right now, but there could be online options.


As the others said, don't pay anyone, don't borrow money. Divine had an interesting idea of making some sample items to sell online to see if there is interest in what you are offering.

Does it cost you any money at all? I mean any money?

Paid 50 to pro bono attorney who is helping me through the process. Found out today not a patent i need, a trademark. So he's going to help me with that. I bought stuff to make it. Attorney said it's like a secret receipe. Like kfc with their seasonings. So i have to go that route. But still i plan to market it.

Congrats! Im excited to hear about it. Good luck with the trademark!

50$ is not probono.I researched trade mark lawyers and found this:

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A trademark lawyer costs around $1,000-$2,000 for the general trademark process, but disputes could cost the client an additional $300-$400/hour.16 min read How Much Does a Trademark Lawyer Cost? A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO. Flat-fee trademark lawyer costs. Trademark attorney fees. Maintenance costs. Types of Costs Registering a federal trademark in the United States includes several costs. First, a business owner pays fees to the U.S. Patent and Trademark Office (the "USPTO"). These fees are sometimes called "costs" or "official fees." Second, a client might pay fees to a trademark attorney. This trademark attorney manages the process of registering a trademark. The attorney makes sure you avoid mistakes that could affect the usefulness of the trademark. There are different types of costs involved in registering a trademark. The federal government sets some of these costs. They are the fixed costs that will apply anytime you file a trademark application. There are also relevant costs. Relevant costs are those that differ based on possible alternatives. These relevant costs are important to your decision on how to acquire your trademark. The most common relevant costs are involved with your decision on whether to hire a trademark attorney to handle the process for you. The USPTO charges a fee to file a new trademark application. The cost for filing the trademark application depends on how you file the application and how many classes of goods or services you include in the application. The USPTO has a specific list of goods and services divided into 45 different classes. The fee is $225 for every class you include from this list of 45 classes. The $225 fee applies if you choose your goods and services from this preset list. The fee also applies if you file the application electronically. If you file an application for a good or a service not included on this list of 45 classes, it could cost more. If you choose your own text or explanation, then the increased application fee is $275. Most trademark applications include a single class from the list of 45 classes. For example, let's say you want to register a trademark for jewelry and clothing. The list includes jewelry as Class 14. The list includes clothing as Class 25. The USPTO trademark application fee would be $550. You pay this fee directly to the USPTO when you file your application. Be sure to choose your classes carefully in the application. After filing the application, it is possible to cut classes from the application. However, the USPTO will not issue a refund of any filing fees paid. Statement of Use Fee In addition to the application fees, it's possible that a business owner must pay a Statement of Use fee. You can file a trademark application in two ways. First, it is possible to file a trademark application because you have already used the mark to sell goods or services. Second, it is possible that you plan to sell the goods or services in the future. If you haven't yet sold the goods or services, then you will need a Statement of Use. A Statement of Use is a declaration from the business owner that swears he or she has started to use his or her trademark in the business. This Statement of Use is filed at the end of the application process. You file the Statement of Use about seven to nine months after filing the first application. The USPTO will tell an applicant when the Statement of Use is due. There is a fee to file the Statement of Use. The fee is $100 for each class of goods in the original application. Trademark Lawyer Flat Fees In addition to the fees paid to the government for the application and Statement of Use, attorney fees are an extra cost. Some attorneys can file a trademark application for you for a flat fee. This flat fee might fall between $300 and $1000 per application. The flat fee includes the cost for the attorney to prepare the application, too. If you want to file an application for multiple classes though, the flat fee might be more. It's important to understand the services the attorney will offer for the flat fee. Make sure the attorney: Prepares the form. Reviews the application thoroughly. Files the form for you. Some attorneys will just fill in the forms, but there is more to it than that. If your trademark lawyer cost includes a flat fee, it is important to understand what services the flat fee includes. Here is a list of actions that a trademark lawyer might need to do: Filing the trademark application with the USPTO. A basic federal trademark search of the federal trademark database. A comprehensive federal trademark search. Digitization and compilation of your trademark specimens and designs. Email delivery of your trademark application. An electronic copy of your trademark application. Any required cease and desist letters. Transfer and Assignment Agreement, which enables a trademark owner to transfer the rights and the ownership. Although some attorneys charge their trademark lawyer cost with a flat fee, others might charge more. These attorneys charge for the time spent reviewing any questions you have. Alternatively, they might charge for: Advising on your trademark strategy. Reporting on the status of your trademark application. Reviewing the registration certificate. These charges can cost more because they are not on a flat fee. Overall, a trademark registration can cost over $2,500. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed. Before even filing a trademark application, it is important to conduct a thorough trademark search. This search might show trademark registrations for products that are like yours. These products might be using similar logos or branding. This similarity might make it difficult for you to use your trademark. Some flat-fee arrangements will include a simple trademark search. However, your trademark lawyer can conduct a more comprehensive search. Are There Costs After I File? A flat fee arrangement might not include services the lawyer performs after he or she files the application. For instance, in the event your application is not accepted, further action will be required to resolve the refusal. After the review is complete, the Trademark Examiner (also known as the Examining Attorney) might issue an official letter refusing your application. This letter is called an Office Action. Sometimes it's easy to overcome this first refusal. But sometimes, it is more difficult to overcome this hurdle. It is possible a lawyer needs to conduct legal research. It is also possible an attorney will need to prepare formal legal arguments. If an attorney helps to respond to the Office Action, the attorney might charge between $200 and $2,000 to prepare the response. The cost depends on the time and effort required to prepare the response. The USPTO does not charge any more fees when a business owner responds to an Office Action. Most business owners expect to receive at least one Office Action, possibly more. The attorney must file the response within six months. If the Examining Attorney is not happy with the response, the lawyer must prepare another letter to reply to the concerns. Trademark Maintenance Costs After the registering the trademark, businesses will also have some costs to maintain the trademark registration and to avoid cancellation. Five years after registering the trademark, you will need to file a Declaration of Continued Use. This Declaration proves to the USPTO that you are still using the trademark in your business. The Declaration will include a sample to show how the mark is used on the goods. The USPTO charges $100 per class of good or service for filing the Declaration of Continued Use. Then, nine years after trademark registration, you must renew your trademark. To renew your trademark, you must file an Application for Renewal. The USPTO charges $500 per class of good or service for filing the Application for Renewal. In addition to registering a trademark with the USPTO, it is also possible to register a trademark in each state. Registering a trademark with the USPTO is more difficult than registering it in a state. A state registration is cheaper, too. However, registering a trademark with a state is also less useful. It is usually better for business owners to receive a federal trademark registration. There are more costs that will apply if a business owner seeks to secure international trademark protection under the Madrid Protocols. Summary of Trademark Costs Trademark costs will vary depending on how you file it. How Much Does a Trademark Cost When You File It Yourself? If you file a trademark yourself, you can expect to spend anywhere from $225 to $400. There's a free trademark search tool you can use to help you with this. The cost will differ depending on the application requirements and whether you fill out a paper or electronic application. There's an application fee for a trademark in one class. How Much Does a Trademark Cost When You Use an Online Legal Service? If you file using an online legal service, the fee will be about $500. They'll perform a trademark search and review your trademark specimen. They'll also prepare and submit your application and send in a digital copy of the application. Depending on how extensive the trademark search is, the cost may be affected. How Much Does a Trademark Cost When You Hire a Lawyer? When you file a trademark using a lawyer, the fee can be anywhere from $1,500 to $2,000. You'll get personalized feedback on your trademark that you're registering, and they can perform a detailed search including internet, web domains, and state level. They'll also prepare and submit your application, as well as respond to any complications that arise during this application process from the USPTO. Any issues that come up during the application process and how extensive the trademark search is will greatly affect your total cost. What Are the Basic Fees When Involved in USPTO Trademark Registration? Depending on what form you file, the USPTO will charge $225, $275, or $400. You can file through the Trademark Electronic Application System, or TEAS, as well as through the mail with a paper application. TEAS Plus is the cheapest option and requires you to file electronically. There are extra requirements for the requirement such as: Goods Services Additional statements Prepayments. The middle option is TEAS Reduced Fee, which is filed online but has fewer requirements than TEAS Plus. TEAS Regular is the most expensive option and doesn't have any extra requirements; you can file it on paper. You should know that the trademark fees are for one class and a single trademark. What Are the Filing Conditions Required to Qualify for a Teas Plus Trademark Application? To qualify for a TEAS Plus trademark application, you need to meet certain filing conditions by including the following with the application: Give the owner's name, email, and address. Let the Trademark Office communicate with you through email. Describe your services or goods in a way that is in line with the USPTO's Acceptable Identification of Goods and Services Manual. Have an authorization form that's signed if your mark has a living person's name. State if the trademark has a design of the trademark. List if there are one or more terms that aren't in English in your trademark and translate them. This isn't an exhaustive list, which means there can be other reasons you would be disqualified from obtaining TEAS Plus Application status. To figure out if you qualify for it, you should connect with an attorney before you file the trademark. In case you try to file the application based on the TEAS Plus Application and the examiner says you haven't met the filing requirements, you can later pay $50 to amend the application to the regular TEAS one. You should note that this will cause a further delay in the application, and you'll need to have a timely response in paying the extra fee to the Office Action before your application gets approved. How Much Is the Resubmission Fee? There is a $125 resubmission fee for two of the three USPTO application forms if an application is incomplete or incorrect. This is another reason using a lawyer will save you money, as he or she will fill it out correctly the first time. Why Is a Trademark Lawyer Important? A trademark lawyer already knows the entire process and what the Examining Attorney looks at for trademark approval. Over 50 percent of trademark filings each year are rejected, normally due to improper filing or incomplete applications. On average, it takes between one and three years to complete a trademark application and to receive registration. If more work is needed outside of the general trademark application filing process, expect to pay between $300 to $400 an hour for continued help. Even though this might seem expensive, trademark attorneys can offer an invaluable service. A trademark lawyer can conduct an extensive trademark search. This search will go beyond a basic search to make sure your trademark doesn't infringe on other trademarks. A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software. These searches work to find any potential issues that could arise in your trademark filing. A trademark lawyer can tell the strength and uniqueness of your trademark. They can offer a quality trademark assessment. They can suggest changes to help make your trademark stronger. They can offer advice on how to use your name or logo in a way that won't prevent you from receiving your trademark. These trademark attorney consultations can answer any questions you have about the process for registration. Also, if the trademark search uncovers a problem with your mark, many attorneys will offer a second, complimentary search on a different trademark. A trademark lawyer can also conduct all the prep work ahead of time to ensure your trademark application is successful. The filing of an application is an important part. However, the words of the applications and the format are more important. If your application is not prepared correctly and worded appropriately, the application might be rejected. A good trademark lawyer will know how to present your trademark to ensure it has a good chance of acceptance and registration. An experienced trademark attorney can prepare your application for your review and approval, avoiding any potential issues with the registration process.

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Originally Posted by Aviza Paid 50 to pro bono attorney who is helping me through the process. Found out today not a patent i need, a trademark. So he's going to help me with that. I bought stuff to make it. Attorney said it's like a secret receipe. Like kfc with their seasonings. So i have to go that route. But still i plan to market it.

How do you know it’s unique though? Something that you think is unique is already being created by Ivan in Vladivostok in 1996. You don’t know if it’s unique. But even if it’s and even if you can sell it, getting a patent and building successful business out of it is extremely difficult. Please be careful

Pro bono is free. 50 isn’t. He isn’t pro bono

$50 is likely what you paid to put him on retainer. You’ll receive a bill from him when he is done with all this. It will be several 1000s of dollars at least .

No one will do this work for free.

First off, congrats to you for wanting to start your own business! That's very exciting!!!

I tried the entrepreneurship route, and what I can advise from my own failures is to create a business plan from the outset -- you definitely need a very detailed, well thought out, strategic plan in place for how and where it will be manufactured, exactly how much that will cost you, how you will pay for and manage inventory, how you are going to sell your product and where, and how you will bring your product to market and also market it. You will need money for all of these aspects of your business. I would consult with someone on all these details. You need a solid plan. I did not have enough of a plan and my business failed. You also need to prepare to be 200% dedicated to your success, and live and breathe the business for as long as you have it. To be a successful entrepreneur takes dedication and time. Plan on several years before it can really take off. That's what I've read and heard from those who succeed. I've studied those who are successful entrepreneurs, which may be helpful to you to do as well.

Best of luck!