Poor Man's Trademark

Our law firm has received requests for information about a poor man's trademark. There is no such thing as a "poor man's trademark," which usually involves sending yourself or someone else a certified letter regarding your trademark. This is similar to the "poor man's patent" (which itself is a myth, and can hurt your patent rights.) Sending yourself a certified letter only proves that you sent the letter- it does not prove the contents of the letter, which itself can be opened and resealed.

It is possible to obtain "common law trademark rights." This is accomplished, generally, by simply using your mark in commerce. This can be by placing your mark on a product that is for sale, or by placing your mark on advertisements for your services. The extent of your trademark rights will vary depending upon your type of use.

For the strongest trademark protection, we recommend filing a federal trademark application.

For a free trademark consultation, please contact our office- online, or call us at 858-350-3124 (San Diego) or toll free at 800-361-1961.