trademark

[hearts]

I would like to trademark the name of something.. would ya mind to point me in the right direction? please?

[Deb]

I'm far from an info source in these areas as we are working hard on getting them taken care of ourselves.... For trademarking and service marking the areas we are working on we are going through our State services to get it done. For us it is the Florida Division of Corporations

If you go to your State's pages and do some searching around I'm sure you'll find a good starting point for getting things like this done... once you've gotten it going for your own state you'll be able to expand from there with the knowledge you've gained.

Others will probably have better advise on these areas then I though http://www.aota.net/ubb/wink.gif

Deb

[Paul]

I found it very easy to trademark a name in the state of Wisconsin by calling the state office.. cost me $10.00 and is good for 10 years. However, it is really only good in the state (which is all I wanted).Along the way I found that it is a whole different beast when
registering with the US Patent and Trademark office. www.uspto.gov/ (http://www.uspto.gov/)

Have fun...
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Paul

[Rich]

For national trademark usage, the uspto link given by Paul has a lot of reference and how-to information.

Also, regarding current news and legal issues relating to trademark law, check out The Law Journal Extra at:
http://www.ljx.com/trademark/

Rich

[Deb]

Heh the US Patent looked easy to me when I first started reading... then I got to the fees and became confused on what I had to pay for and what I didn't lol

ergo -- non-refundable but we're looking at a few hundred total and I'm unsure what happens if denied... eeeks

So we're still reading http://www.aota.net/ubb/smile.gif

Deb

[This message has been edited by Deb (edited 03-24-99).]

[hearts]

Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation with the mark to alert the
public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations

Am I understanding this correctly? I can use the (TM) symbol while processing or even before? I am not illiterate, Just ain't 100% lately.

[hearts]

Deb, what happens if you are denied? They keep your money! *d-arn*

how accurate is this data base? I came up free and clear! http://www.aota.net/ubb/smile.gif Is this something you can do on your own, or would it be best to consult with an attorney and support his office staff?

[Bi4Be]

BY READING THIS POST YOU AGREE NOT TO HOLD ME ACCOUNTABLE FOR ANYTHING, UNLESS OF COURSE IT'S GOOD http://www.aota.net/ubb/biggrin.gif
To clarify for the court, the above disclaimer was not by any means a joke and is to be taken seriously, even with the http://www.aota.net/ubb/biggrin.gif trailing it

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Now, I once read somewhere that you can use the little TM thing legally... even if it is not a registered trademark and you aren't even going to try getting a trade or service mark. That my friend, is legal (I think, but don't trust me and do some research).
Now the use of a little Registered logo (ya know, the R with the circle around it) without it actually being registered is a HUGE no no. I think there are huge and severe penalties.

-Bi4Be

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BY READING THIS POST YOU AGREE NOT TO HOLD ME ACCOUNTABLE FOR ANYTHING, UNLESS OF COURSE IT'S GOOD http://www.aota.net/ubb/biggrin.gif
To clarify for the court, the above disclaimer was not by any means a joke and is to be taken seriously, even with the http://www.aota.net/ubb/biggrin.gif trailing it

[Deb]

They keep your money! *d-arn*

Exactly :/ We've applied for one of the TMs that we want... and have decided to wait and see how it goes before applying for the others.... at least this way we risk only losing a LOT of money rather then a WHOLE LOT of money (trying to make myself feel better)

What we are about to find out is if a space means much or not... e.g. is Ice Cream different then IceCream? I think ya all know what we're goaling for here http://www.aota.net/ubb/wink.gif

Wish us luck
Deb
p.s. for those wondering "how long it takes" this was our response to that...
If the application meets all filing requirements, in approximately 50 days we will send you, by regular U.S. mail, an official filing receipt that will include your application serial number. After that, you will hear from the assigned examining attorney in approximately 6 months, either by telephone or regular mail. Please note, however, that your rights are based on filing date, not the examination date.

[This message has been edited by Deb (edited 03-24-99).]

[Stephen]

Deb,

I would be very surprised if a space meant anything under trademark law. Take me, I'm RandomMouse (or randommouse.com). Let's suppose I changed the M to an H. Then I become RandomHouse. Now, would I be treading on the toes of "Random House" by doing this? YOU BET! Space or no space, if anyone used the letters RandomHouse as part of their trademark they'd be pounced on by the publishing house, I'm sure.

In fact they may not even like RandomMouse being used, but the difference is you can't really confuse the two as the same trademark. The case of the space on the other hand is not nearly so clear cut (as I see it)...

[SneakyDave]

From what I understand, you can use the TM symbol by a logo or name whether you have applied for a trademark or not.

The problem with not filing for a trademark is if somebody else uses your "potential" trademark somewhere as their own. You have to prove first use, and usually that means a trademark application.

I know of a story that went like this (with the names changed to protect the ignorant):
A person put together a little group of people and called themselves "The Rutabaga Group", followed by the TM symbol, but never applied for a trademark.

A sneaky devil registered the RutabagaGroup.com domain name without so much of a hitch with InterNIC. After crying the blues after they found out about this travesty, the original Rutabaga group ultimately changed their name because InterNIC wouldn't deny the application of the sneaky Rutabaga group. Unless the original group had documentation that they owned the trademark prior to the domain application being submitted, they (interNIC) wouldn't get involved in the dispute.

That's all I have to say about that...

Sneaky