|
|
Re: Trademark of sole prop w/ intent to incorporate & domain name
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]
Posted by M. Arthur Auslander on September 19, 2003 at 19:07:37:
In Reply to: Trademark of sole prop w/ intent to incorporate & domain name posted by Sharon on September 18, 2003 at 18:24:01:
: I just found out someone has opened the same gift basket business online w/ exactly the same name as I have, and she registered her domain name 3 weeks after I did. Don't know when she started in commerce. It's possible she got up and running before I did. I intend to incorporate next year, but want to protect the name now before the other person has the same idea, as I have quite an investment in the business and name now.
: Q1: if I trademark the unincorporated name"XXX" now , is that sufficient to protect the incorporated name "XXX, Inc" later? I would presume so. Q2: does trademarking the name protect the domain name also? In this instance, my domain name is www.xxx.com; the other business simple put nserted the word "the" and registered her domain as "www.thexxx.com." I want to make sure I can shut down her site also. Q3: I haven't decided on permanent logo w/ the name "XXX." Is it necessary to trademark a logo now or is the name protected regardless of what logo I might use with it? I presume so, understanding that the logo will not be protected, which I don't care about, but will someone be able to pick a completely different logo and THEN be able to use my company name of "XXX" with their different logo?
: Thanks for any help. I need to move fast.
: Sharon Dear Sharon,
1. Possible but not too likely.
2. If there is a conflict of use of the domain name there may be something that can be done.
3. No. The name is broad protection. M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®
Follow Ups:
Post a Followup
|
|
