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[modernlady]

I really want to register a phrase ... or three words together as a trade mark, hoping this means that on one else can use it.

The words are like this  -  House <the secret word> Agency

The middle word in the bracket I have not put - but is a well used word.

I looked to see if it was registered, and it wasnt, BUT is that because I cant register three words in a row like that?

I am sorry, I did have a seach on the ofurm but could not find a similar enough question.

  Cheers

[JSonnabend]

Are you using the mark?  For what goods/services do you intend to use the mark?

Trademarks rights don't stop others from using the words/phrases, they prevent others from confusingly similar uses.  With that in mind, you will understand that identical marks may be used by different parties at the same time (e.g., Delta airlines, faucets and tools, Champion sparkplugs and sweatshirts).

You must actually use a trademark in order to have rights in it.

The Trademark Office does not give trademarks, it only registers existing trademark rights.

- Jeff

[modernlady]

Well - I am a House XXX Agency, and it is what I do every day.

I offer property services relating to the middle word. There are a very few people that do a similar thing - but they have not named the type or service.

I guess my main objective is to stop anyone that does this service calling themselves a House XXXX Agency. My company is not called this - it is different - but we call ourselves   <Company Name> House XXX Agency

Is this what you mean? - ie because I use the term already, I can register it?

[JSonnabend]

Assuming (i) that the phrase is not merely descriptive of the services you provide, (ii) that you are using the phrase as a trademark, and (iii) that no one has already registered a conflicting mark (not merely identical, but confusingly similar), then you should be able to register it.

- Jeff

[johnlux]

Hi,

Saw your question and Jeff's answer.  When it comes to name protection remember you need a Domain Name - a unique name and address for your Website (your identity for your on-line market), usually the first step for a new company - and then a trademark to protect your Company/Product Name.

You need to consider where your customers are - which market areas you aim to serve - your town, your state, your country, your region.  I am based in Europe so we use the '.eu' Domain Name and the European Community Trademark.

Hope this helps.

John Preston
 

[JSonnabend]

Hi,

Saw your question and Jeff's answer.  When it comes to name protection remember you need a Domain Name - a unique name and address for your Website (your identity for your on-line market), usually the first step for a new company - and then a trademark to protect your Company/Product Name.

You need to consider where your customers are - which market areas you aim to serve - your town, your state, your country, your region.  I am based in Europe so we use the '.eu' Domain Name and the European Community Trademark.

Hope this helps.

John Preston
 

In my view, that's some pretty backwards advice.  The first step should not be to secure a domain, but to clear whatever brand name (i.e., trademark) you want to use.  If you then want to make sure an appropriate domain is available, that's fine, but to say that step one is buying a domain is wrong, in my opinion.

- Jeff

[Spielman]

I am with Jeff on this one. Getting a domain might be a nice business decision, although it seems as though you probably already have one. The domain discussion would only be more relevant if your sole business was online and you were seeking to register "XYZ.com" as a trademark.

Jeff has said it, but let me emphasize the following "You must actually use a trademark in order to have rights in it."

Good luck.
Darren Spielman
www.ComplexIP.com

[modernlady]

ok - So my domain name or company name is not the intended trademark - BUT I have registered the possible trademark words as a domain name also - seperatly.

My company is a <Name> Ltd - but we trade as <Name> House XXXX Agency - and we are a House XXXX Agency.

I guess I just really want to know if I can do it - just register House XXXX Agency - so that this stops other people describing themselves as such?   so if someone else set up a company called <their company name> House XXXX Agency. I wanna stop them?

Can I?

 

[JSonnabend]

If you "are" a "house XXXX agency," then the phrase is either merely descriptive or perhaps even generic, in which case you likely won't be able to claim trademark rights in it.  For example, "Ford Motor Company" is a motor company, and so it can't claims rights in those words.

- Jeff

[johnlux]

Jeff,

Thanks for your reaction to yesterday's post. My remark was intended to relate to new companies just setting up.

What I was meaning was that in such cases a first step would probably be a to create a website, which means a need for a Domain Name - your web identity, and then as a next step (or if possible financially as a parallel step), apply for a related Trademark. 

A domain name registration is virtually instantaneous, costs almost nothing, but is essential for operating a website. The related trademark is more complex and costly BUT of course provides a much greater degree of security - even in some cases for retaining your Domain name.

Both form part of your organisation's identity.

Regards.

[chugan]

Jeff,

Thanks for your reaction to yesterday's post. My remark was intended to relate to new companies just setting up.

What I was meaning was that in such cases a first step would probably be a to create a website, which means a need for a Domain Name - your web identity, and then as a next step (or if possible financially as a parallel step), apply for a related Trademark. 

Jeff's point nevertheless remains valid-- creating a website might create common law trademark rights, but it is no substitution for registration.  If the poster has already used her mark in commerce, the first step would be registration.

Chris
http://nashbillies.wordpress.com/