Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[odin]

Hi

I have been reading online and on here and still confused. I have a registered domain name eg: abc.com and a LLC for the business abc LLC. I am building a ecommerce website and would like to trademark copyright or something ( thats what I need help with) the name abc. The products that are going to be sold online are all from third party (Apple, Microsoft etc) and there will not be abc custom products. So what should I register a trademark, copyright, service mark and or registered mark for abc. Please help I have read multiple pages and when I think I got what to do a different page says to do the opposite. So what should I register to the uspto.gov for abc? thanks for any help in advance.

P.S
The name I want to register is not in the uspto.gov database so I am safe on that and can register some mark on it.

[Zonath]

If you are just using "ABC" on your website, and not placing it on any products, then you'd technically have a service mark, although you register service marks with USPTO the same exact way you register trademarks, more or less.

And I would also caution against assuming you're safe just because your exact name doesn't appear in the USPTO database.  There may be other companies out there who have unregistered marks which would still have common-law rights in the trademark which would be superior to yours, and the applicable standard is "likelihood of confusion", so the absence of an identical name shouldn't be the end of the analysis (you can't trademark a brand of running shoes called "Nikke" just because the exact name isn't being used.)

Copyright would not be appropriate.

[odin]

Thank you for the reply so wouldn't it be better to just register a trademark (TM) since the process is about the same? I understand about likelihood of confusion but if I register a trademark wouldn't that be in my and my companies best interest. I have done alot of research about the name and tried to see or find if the name was used and anything similar but have not found anything to date. Also one last question should I register a registered mark (R) or is that the same as a TM or is their supposed to be a product and not a service etc  associated with the name.

[Zonath]

Well, I think you're mixing terms just a bit here.  Having a trademark and a service mark confer more or less the exact same protections.  The main difference between the two is that for a trademark, the 'use in commerce' required for protection to commence and continue is an actual placement of the mark on goods and packaging, while the 'use in commerce' for a service mark is the placement of the mark in connection with the business on materials other than goods and packaging.  So, whether you have a trademark or a service mark depends primarily on how you're using the mark, and certainly one mark can be both a trademark and a service mark.  Whether you have a trademark or a service mark, registering the mark will confer additional protections.

The only difference between the registered mark ® and a trademark ™ or service mark ℠ is the fact that the ® may be used on a registered trademark or registered service mark, and ™ or ℠ may be used on either registered or unregistered marks.  Once your trademark or service mark is registered with the USPTO, you may use ® on your mark whether it's a registered trademark or a registered service mark.  In practice, a 'registered mark' is simply a trademark, service mark, or other mark which has been registered, and is mainly used to distinguish from unregistered marks.

Or, put another way, here's a quote from the USPTO website:

Do federal regulations govern the use of the designations "TM" or "SM" or the ® symbol?

If you claim rights to use a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim of ownership of the mark, regardless of whether you have filed an application with the United States Patent and Trademark Office (USPTO). However, you may only use the federal registration symbol "®" after the USPTO actually registers a mark, and not while an application is pending.

[odin]

Well, I think you're mixing terms just a bit here.  Having a trademark and a service mark confer more or less the exact same protections.  The main difference between the two is that for a trademark, the 'use in commerce' required for protection to commence and continue is an actual placement of the mark on goods and packaging, while the 'use in commerce' for a service mark is the placement of the mark in connection with the business on materials other than goods and packaging.  So, whether you have a trademark or a service mark depends primarily on how you're using the mark, and certainly one mark can be both a trademark and a service mark.  Whether you have a trademark or a service mark, registering the mark will confer additional protections.

The only difference between the registered mark ® and a trademark ™ or service mark ℠ is the fact that the ® may be used on a registered trademark or registered service mark, and ™ or ℠ may be used on either registered or unregistered marks.  Once your trademark or service mark is registered with the USPTO, you may use ® on your mark whether it's a registered trademark or a registered service mark.  In practice, a 'registered mark' is simply a trademark, service mark, or other mark which has been registered, and is mainly used to distinguish from unregistered marks.

Thank you Zonath!

Now I completely understand and now know exactly what to do thank you for clarifying it all.

[odin]

One last question what about copyright ^© how does that work can I register a ^© for abc or does it have to be a unique design, logo, product etc?

[Zonath]

Copyright is generally not an appropriate device for the protection of trade names, since copyright protects 'expressive' works, which do not generally include single words or very short phrases.

[odin]

Thanks for all the help now I am in the process of registering a trademark for abc. Would appreciate some help so their is no issues with the application. What should I input for owner of mark ie: MY NAME or ABC I am the sole owner of the company so what would be better? I read either way would work the owners name will be associated with the company name that is legally registered with the state etc but what is best?

[OMG IP]

Thanks for all the help now I am in the process of registering a trademark for abc. Would appreciate some help so their is no issues with the application. What should I input for owner of mark ie: MY NAME or ABC I am the sole owner of the company so what would be better? I read either way would work the owners name will be associated with the company name that is legally registered with the state etc but what is best?

whoever will be using the mark should have the rights.  If you will use the mark under the assumed name/entity, that's who should be the applicant.