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Author Topic: Where can I post a legal notice?  (Read 686 times)

jenn21dw

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Where can I post a legal notice?
« on: 05-13-11 at 09:44 am »

It seems like i came across somewhere in my research that there is a place or places that I can post the business name and tagline I am using - putting it on public notice and providing some sort of legal protection until I have the 300 to file for a trademark. Has anyone ever heard of such thing? Also, is there a way I can reserve my tagline or somehow start the process at a cheaper rate? Also would you recommend filing on a state level first if it is less expensive? My company will be selling distributorships nationwide eventually.
Any recommendations are appreciated. I just really need to get my company up and going - but still need that protection until profits are coming in.
Thanks!
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artchain

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Re: Where can I post a legal notice?
« Reply #1 on: 05-13-11 at 11:33 am »

Trademark rights are acquired through actual use.  The registration  gives you some additional legal protections, but you can get the process started by simply using the mark to identify your good or services. 

For a basic understanding of trademarks, I'd recommend The book TRADEMARK:  How to Name Your Business & Product, from Nolo Press. 

Though for me, the fact that you can't afford a $300 fee is a red flag.  The biggest single cause of business failure in the first year of operation is under capitalization. 

Kaitlin

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Re: Where can I post a legal notice?
« Reply #2 on: 05-13-11 at 12:45 pm »

Anyone starting to use a trademark with their business should:
1) check that no one else in a similar line of business is using a confusingly similar one.
2) use the small "TM" beside their mark to put other people on notice that it's being claimed as a mark.

Part 1 is the hard part, and where many people are penny-wise and pound-foolish. 
Ideal approach is to get a trademark attorney to have a proper search of both registered and unregistered trademarks done by professionals (who know how best to structure searches) and then bring his or her knowledge of and experience with trademarks to bear in and analyzing the results. 
Next best is to read up as much as you can on trademarks before deciding on the mark you want and then do your own search.  (Nolo, recommended by Artchain, seems to do a good explaining legal concepts to the lay audience.) 
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



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