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  #1  
Old 02-04-2008, 10:17 AM
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Julie Julie is offline
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trademarks

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?
 
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  #2  
Old 02-20-2008, 08:39 AM
DarthMall DarthMall is offline
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what kind of business?
 
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Old 02-21-2008, 04:21 AM
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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.
 
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Old 02-23-2008, 10:51 AM
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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
 
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Old 02-23-2008, 10:55 AM
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huh? is it me or does little of jowsef's 116 posts make sense
 
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Old 02-28-2008, 02:50 PM
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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.
 
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Old 02-29-2008, 09:25 AM
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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.
 
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Old 02-29-2008, 09:58 AM
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Quote:
Originally Posted by pinkfluffybunny View Post
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!
 
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Old 03-06-2008, 07:06 AM
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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
 
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Old 03-28-2008, 10:33 AM
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trademark is a must. trademark point to your company and product. it is very closed to customer
 
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Old 04-20-2008, 05:55 AM
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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.
 
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Old 04-30-2008, 05:17 PM
Franc Tireur Franc Tireur is offline
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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.
 
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Old 04-30-2008, 05:50 PM
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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.
 
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Old 05-01-2008, 09:58 AM
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^ 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.
 
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Old 05-01-2008, 11:12 AM
Franc Tireur Franc Tireur is offline
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Quote:
Originally Posted by ewomack View Post
^ 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.
 
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Old 05-04-2008, 07:56 PM
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Quote:
Originally Posted by pinkfluffybunny View Post
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
 
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  #17  
Old 05-04-2008, 10:17 PM
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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)
 
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