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Topic: Smartest and cheapest way of TM a business name (Read 3085 times) |
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Disasterman
Newbie
Posts: 18
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Smartest and cheapest way of TM a business name
« on: Dec 27th, 2007, 9:43pm » |
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I am starting a online company and I currently have a logo and name what would the smartest way for me to go about protecting my name and logo from competition and copycats?
Would I trademark it or Service mark it?
Should I just trademark the name and logo as one thing??
Any help would be greatly appreciated. I don't have a big budget so what would be the smartest and cheapest?
Thanks
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Smartest and cheapest way of TM a business nam
« Reply #1 on: Dec 28th, 2007, 8:29am » |
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If you have the time to do your homework, you can file the trademark application yourself. Pitfalls abound for the uninitiated, though, so such an approach might be penny wise and pound foolish when compared to finding a reasonably priced TM attorney.
Also, you should note that registering a trademark is not the same as "trademarking" something. The latter is accomplished only through use.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Disasterman
Newbie
Posts: 18
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Re: Smartest and cheapest way of TM a business nam
« Reply #2 on: Dec 28th, 2007, 9:36am » |
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Thanks for the fast reply, yes my plan is to first use the logo and business name, then apply for the trademark so I don't have to use a "intent to use" and later file a "allegation of use" or whatever its called.
But I still don't know if I should file a trademark or a service mark?
and should I trademark the name and logo as one thing or separately? Or would trademarking the logo and business name separately provide more protection?
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DJoshEsq
Full Member
Posts: 104
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Re: Smartest and cheapest way of TM a business nam
« Reply #3 on: Dec 28th, 2007, 10:07am » |
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In my opinion, you should contact a trademark attorney. I offer free 15 minute consultations.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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bcapehart
Newbie
Posts: 41
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Re: Smartest and cheapest way of TM a business nam
« Reply #4 on: Dec 28th, 2007, 10:56am » |
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Disaster -
Regarding the name/logo question, consider whether you will be using the name separate from the logo (most likely you would be). If so, an application on the name alone would be recommended. But, (here comes the inevitable but....), if the mark includes descriptive words or there is a different mark that is somewhat similar, the inclusion of the logo would help distinguish it, making it easier to register. If you can file both, name and name/logo, you should consider doing so.
Regarding trademark v service mark, the distinction is a legal one, based on how the mark is used. However, for the most part the PTO treats all applications, trademark and service marks, the same.
Brent
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| « Last Edit: Dec 28th, 2007, 10:57am by bcapehart » |
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Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
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