Re: Do I really need a trademark??

Subject: Re: Re: Do I really need a trademark??

Comments:
: : Do I need to trademark my company name if I incorporate my business, register the domains, establish a presence on the internet, and do commerce across state lines? Would this constitute "prior use" or a "common law trademark"? If someone tried to establish a trademark on my unique company name could I prevent it? : : I am sure I want to aquire a trademark but I do not want to "have" to aquire one at this time. Are there established guidelines that I can follow that would protect my company from being stolen before I am ready to establish a trademark? : : Just as a side note. This seems like a time bomb. If all someone has to do is establish "prior use", couldn't anyone establish a plethora of small businesses built on web sites and then wait for someone to make a mistake then litigate the heck out of them? I know that the cyber-squating laws were passed to prevent the theft of tradmarked names but what about those individuals that take cyber-squating to a new level. : : Such as: : : I register the domain name "MyDomain.com", I establish a website and do some form of minimal commerce across state lines, I then wait for someone to establish a business similar to mine, ala "YourDomain.com". I then sue the heck out of them for infringing on an established "prior use". : : I certainly could see someone laying these sort of land mines and waiting for someone to accidently step on them. : It looks like the answer is yes. There are differences between trade name, trademark, and domain names. Basically from what you seem to say, is that you use your trade name as a trademark. If that is the case you need to register it. It is not quite as complex as it seems. Early planning in advance can set up protection for the marks you want or get an early wave off if there is trouble ahead. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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