trademarks

Julie · 02-04-2008, 10:17 AM

When setting up your business for the first time, legally, as a Corp., LLC, and so on... is it also a good idea to trademark your name and logo?

DarthMall · 02-20-2008, 08:39 AM

what kind of business?

**3ncryptabl3_lick** · 02-21-2008, 04:21 AM

Normally, you dont need too. Registering you business name and associating it with a logo of choice is typically good enough. At the state level.

jowsefpirate · 02-23-2008, 10:51 AM

yeah registering it to your place will be the thing that needs legality but when it comes to logos or any of that sort.. it would be an easier task

kristeejo · 02-23-2008, 10:55 AM

huh? is it me or does little of jowsef's 116 posts make sense

suzjor · 02-28-2008, 02:50 PM

kj...I didn't understand that either.

But Julie, when I first started my business I did the trademark thing only to expand and change my name. Honestly, I didn't renew my other trademark or trademark my new name. I'm sure if you plan on the business going really, really big then it would be beneficial.

pinkfluffybunny · 02-29-2008, 09:25 AM

Make a hard copy of your logo, mail it to yourself via registered US mail (I assume they have registered mail in other countries).

you have proof it was yours and the date.

suzjor · 02-29-2008, 09:58 AM

Quote:

Originally Posted by pinkfluffybunny

Make a hard copy of your logo, mail it to yourself via registered US mail (I assume they have registered mail in other countries).

you have proof it was yours and the date.

but don't open it!

AmySueN · 05-04-2008, 08:56 PM

Quote:

Originally Posted by pinkfluffybunny

Make a hard copy of your logo, mail it to yourself via registered US mail (I assume they have registered mail in other countries).

you have proof it was yours and the date.

According to Snopes, that won't work for copyright so I doubt it would for trademark either.

Code:

http://www.snopes.com/legal/postmark.asp

As I understand it, as soon as you publish something it is your trademark and you can use "TM" but to use (R) you need to *register* your trademark. There's a fantastic ebook about trademarks - easy to understand and VERY informative:

Code:

http://www.eclecticpower.com/6-002

corneo · 03-06-2008, 07:06 AM

Not to change the subject, but I've had my logo taken and used by others and It's had a reverse effect for me. My logo is so well known in my niche that people see it and think of my site. So for me, it caused free advertisement. So, steal it . . . PLEASE! LOL

skyscraper · 03-28-2008, 11:33 AM

trademark is a must. trademark point to your company and product. it is very closed to customer

mrgee · 04-20-2008, 06:55 AM

Logo is more for branding purposes, but you should register it if you want people not steal it, but use a licence (if such exists), that your logo can be used in actions that review your site or something (just like the Fair Usage licence Wikipedia uses to show copyrighted images on it's pages).

Excuse my if I am talking some crap above, but I am not a legal expert.

Natural Elements · 04-30-2008, 06:17 PM

When you are in business, the best move is consulting a lawyer first, then trademark your logo and your company name for the field you are operating in to protect your business.

**ScriptMan** · 04-30-2008, 06:50 PM

Just my cynical nature here.

The average new business does not last a long as the TM process. The average new web site lasts about half as long.

Use your logo, add a TM after it and be be prepared to defend it if you beat the averages and have the need.

ewomack · 05-01-2008, 10:58 AM

^ what he said. Registering a trademark is expensive and time consuming, plus it comes with a litany of criteria (is it distinctive, is it merely descriptive or is it unique enough to warrant the protection, etc.). So unless the business will involve big money you probably don't want to enter the lawyer pit.

Natural Elements · 05-01-2008, 12:12 PM

Quote:

Originally Posted by ewomack

^ what he said. Registering a trademark is expensive and time consuming, plus it comes with a litany of criteria (is it distinctive, is it merely descriptive or is it unique enough to warrant the protection, etc.). So unless the business will involve big money you probably don't want to enter the lawyer pit.

I agree, it all depends how much you invest in your business and if it worth it, then you must protect it. It is better to consult an attorney reagarding the laws, and it doesn't cost a lot to consult anyway.

Think about that:

You start to be successful, then people are trying to use the same name or a variations of your url to sell the same kind of products, what do you do? How you customers would be confuse with that?

Of course you cannot spend a lot of money when you start and if you are not sure your business will make it, but when you feel it is the time to do that, then don't hesitate before that someone try to take advantage of your business.

corneo · 05-04-2008, 11:17 PM

The best way I have found how to handle a matter is: look at cases that went to court that have the same issues you have. (that is what attorney's do)

Read about W.W.F.. It's were World Wildlife Federation sued World Wrestling Federation. We know the end result. The wrestlers lost because it's now called WWE.

(Short version of what happen)
The wildlife didn't trade mark the name but used it for years before the wrestlers started using it. The wrestlers started using it more and the wildlife didn't like it so they sued. Wildlife won.

(there are thousand of news articles on this case)