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Ask HN: Should I trademark prior to Y Combinator?

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Ask HN: Should I trademark prior to Y Combinator?

#1
Should I trademark prior to Y Combinator? In my research prior to applying all fingers point towards waiting until I get into YC to incorporate or create a legal entity. Is this the same thought on Trademarking. Should I wait to get into YC to trademark? Any thoughts would be appreciated.

Re: Ask HN: Should I trademark prior to Y Combinator?

#6
Well first you mean 'apply for a trademark' let's assume. Because it can take anywhere from, say, 7 months to several years to get a trademark issued (I have gotten them in as little as 7 months).

It's really a cost issue. If money is no object then there is little downside other than a) alerting people to what you are doing (tm apps are public) b) deciding if you will do it yourself or have an attorney do it for you.

Creating a legal entity is a bit more involved. You can apply for a trademark, pay the nominal fee and assuming you do the application correctly (in the right class) etc. you can just simply abandon it later if you change your mind. You would only be out the fee. Not like state paperwork which is a bit more sticky.

The date a trademark is put in use is important. So assuming you file as 1a and are using the mark getting it in early could have benefits. Blocking potential competitors and so on.

If you are on a shoestring and have little money then it most likely doesn't pay to apply for the trademark and spend that money which you might need for other things.

Re: Ask HN: Should I trademark prior to Y Combinator?

#8

There may be a strong push to change your name for various reasons. That would seem to make trademarking a waste of time. Paul Graham wrote about it a couple of years ago http://www.paulgraham.com/name.html

> There may be a strong push to change your name for various reasons.

I will let the YC mavens give their opinion on YC, but in other cases in business coming into something with 'here is our name or concept but by all means if you want to change it let me know' is not seen as a good sign of commitment to your own creativy.

That doesn't mean you name your company and stay with it 'till the bitter end'. But it also doesn't mean that you name your company and then open it up to a vote by others as to what you should do (and not be decisive with your own convictions either).

Re: Ask HN: Should I trademark prior to Y Combinator?

#9
post #5

Could anyone please give a ballpark number for the costs related to trademarking?

I could be wrong, but if you're doing the application yourself, it's under $500 for filing. Chances are you'll need a lawyer, and that's under $1000; separate from filing.

Re: Ask HN: Should I trademark prior to Y Combinator?

#10
post #6

Well first you mean 'apply for a trademark' let's assume. Because it can take anywhere from, say, 7 months to several years to get a trademark issued (I have gotten them in as little as 7 months). It's really a cost issue. If money is no object then there is little downside other than a) alerting people to what you are doing (tm apps are public) b) deciding if you will do it yourself or have an attorney do it for you…

Thanks for the intel. I'm bootstrapping the company myself so I have to be mindful on my spending right now. I checked and already know my class and have my details, so it will cost me $225 to do without a lawyer. I'm running the business and building the brand and see that no one has trademarked my company name so I was thinking about doing it. I'm going to hold off and set a goal to do it at Christmas time when I have extra funds.
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