Trademarks

[t.check]

This is pretty off topic to everything, but this is the lounge.

I am in the process of trademarking my company name. However, I am wondering . . .

Will this trademark make me able to take down anyone that uses my company name (in the USA), regardless if they started their company before or after me?

Stupid question, but I need to know.

Thanks

[kuekie83]

Trademarks go based upon your physical business purpose, as well as the date of issuance. For example if you started google.net and trademark it, google.com already has a trademark and therefore yours is not valid in the web arena. Trademarks are VERY complicated....esp. online ones.

As for brick and mortar, it is much easier, however all trademarks are large investments to make to get everything researched and all terms of logo usage for media, affiliates and so on. On average for a simple say web design firm, a trademark may cost $10,000, where something more complex to software development may be $10+K. I have even heard of trademarks, patents and copyrights taking years to be finalized, as well as $100,000+ in assets invested.

I know it a long answer but i hope it helps. I'd suggest consulting an attorney specializing in that area to ensure your business is A-Ok and assist with the process.

[t.check]

Um, okay. I didn't see all these details when I filed it. It sounds like you are making it more complicated than it should be.

I dunno . . .

[Ben]

This is pretty off topic to everything, but this is the lounge.

I am in the process of trademarking my company name. However, I am wondering . . .

Will this trademark make me able to take down anyone that uses my company name (in the USA), regardless if they started their company before or after me?

Stupid question, but I need to know.

Thanks

No, filing a trademark claim on a name that already being used, regardless if a trademark claim has not been filed on it by the originating company does not give you the right to stop said company from using that name.

An easier way of explaining it is this....

John's Warehouse has been in business for a week. You open up another business a block away a week later and name it John's Warehouse and trademark the name.

The owner of the original John's Warehouse can still sue you for using the name because he has been doing business under that name for longer then you and in doing so he has established the trademark on the name even though he never registered it.

[t.check]

Thank you! That's exactly what I needed.

[Andan]

Ben and Kuekie are mostly correct on who has a right to a particular trademark.

To clear some other things up:

Trademarking by registering with the USPTO will not cost you $10,000. Instead it will cost around $400 one time for the entire process. Unfortunately, it could take up to two years before your trademark is fully approved and registered.

Usually it is a better idea to trademark your logo and not your company name. Instead copyright your company name. With a copyright to your company, you may file suit against any parties who use your name illegally (if there aren't any existing copyrights to the name or similiar names).

[t.check]

Usually it is a better idea to trademark your logo and not your company name. Instead copyright your company name. With a copyright to your company, you may file suit against any parties who use your name illegally (if there aren't any existing copyrights to the name or similiar names).


In the first sentence, you said to trademark my logo and not my company name. Then, in the second sentence, you say to copyright my company name.

Please clarify.

[Andan]

There is a difference between copyright and trademark. Historically, Trademarks have been reserved for the "mark" of your company or business. Copyrights have historically be used for "words". Most 1-man companies will copyright their company name to themselves. So if the company changed hands, the name won't transfer over (that is if the mark is trademarked and registered under the business name).

Of course, that doesn't mean you can't trademark your company name. You can.

I'm also looking into trademarks and copyrights for my own little business on the side. I already have it planned out that I will trademark my logo, register to myself (instead of the business), and copyright the business name to myself.

I haven't had enough time to totally look at the form or speak with a lawyer. So, I'm not sure if your can TM your company name/logo to yourself.

All in all, for now, you can put TM or the copyright symbol on your company logo and name. Both of those and the SM (servicemark) are more-or-less fair use. Once your registration is complete, then by law, you are allowed to use the Registered symbol in addition to the TM, SM, or copyright symbol.

[t.check]

Okay, thanks. Now, this is what I've done.

I have trademarked my company name, but no the logo. I thought that this as the best move because copyrighting didnt seem like it was the correct thing to do.

[t.check]

One more thing: I noticed that there are different classes that you can register your trademark as. For each additional class, it is like buying another trademark.

For example:
If you are using your trademark for online advertising and online video sharing, you would need to register the mark under two classes.

What I am wondering is . . .
Why, besides the fact that it is law, why do you need to register a mark under multiple classes. Does it increase your protection rights or does the government just want more money?

Thanks.

[shadow cup]

That is obvious. The government wants more money. 9_9 Let us just say that complexity and inefficiency are a business all in their own right... especially in the domain of state.

How much are copyrights if trademarks are $400? Do copyrights have classes also?

[Andan]

It protects your copyright/trademark for each class that your company sells products/services/goods or generally does business in. You should only register for classes that your business will likely partipate in and not for classes which you think your business will never touch (waste of time, money and legal hassle).


I have not looked into copyrights. I assume that they cost around the same. Look here for more info: www.uspto.gov

[t.check]

Okay, so, one more question:

I am running my video sharing site, and trademarked my company name to to this class. I also run advertising campaigns, which use the same company name. What happens if I use that name and don't register it under that class (online advertising)? I still have protection with the company name, because it is registered under the other class.

Please help, because this is just messed.

[t.check]

I have another question.

I was browsing around the Digital Point Forums and noticed that there was a user name UrWorld (the same as my company's name). This user was recently banned. If other people see this, we might get a bad reputation, for whatever reason. I want to write to Digital Point about this. I said that our name is under trademark and they have to remove it. Will this work?

Thanks

[Andan]

Well, since you own the copyright right and registration is under your name, you have the right to use your company name in other classes. As for if someone can challenge your use in those non-registered classes can be debated. With a poor man's copyright, you can protect your company name within the other classes, but if some company who has a registered copyright within that "other" class(es) decides to sue you to get your company from venturing into advertisement: they have that right.

Registering in a particular class will only gaurentee copyright protection in that class and no other. Which means, if you plan on covering every aspect of multimedia with your company, then register for all the other classes that pertain.


As for a forum username, it depends. If the forum user is using your name to falsely advertise for your company or otherwise use it inappropriately, you have the right to inform that user that "UrWorld" is a registered copyright and trademark under (blank) national/international laws. Otherwise, if the person isn't using it inappropriately, you can't do anything about it.

Of course there is gray area with the above and a lawyer would better answer your detailed questions than I could. It comes down to if the UrWorld user is causing any damages to your company and what prove you have to that end.

[t.check]

Yes, thanks for the detailed response. I appreciate it.

[Andan]

Your welcome. :)