Print

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

[Ventu]

Hello,
    I'm a 19 year old teen ready to get my hands dirty in the real world and would like to open my own computer business.  I already have a name for this business and I would like it to be mine for good.  The problem is, I have no clue on how the law works or if i'm in the right section on this forum to be asking these questions.  I've asking people around my area, and they say it is 'copyrighting' your name is what you want,  some say its trademarking.
   

[Isaac]

The name for your company is not necessarily a trademark.   A trademark is used to identify your goods and services.   If your company shares a name with your goods and services, then trademark is the proper area of law.

What you need to do with your company name ifit is not the same as the name of your goods and services depends on what kind of business entity you plan to form.   If you are operating as a sole proprietor, you might simply need to do a local registering of a DBA.  If you are forming a corporation, you need to do register in whatever state you are incorporating in.

In any event, copyrighting is certainly not what you want to do.

[Ventu]

Thanx for the reply, first off for now, yes this is a sole proprietor.  I myself will be owning this company.  The services i'm offering with this company would be PC repair, networking and building computer with company based model names.  For an example, *special class of computer* model: 1, or something.  Since I'm going to make my own types of computers, wouldn't that be a trademark?

[Isaac]

 Since I'm going to make my own types of computers, wouldn't that be a trademark?

It certainly could be.

[Ventu]

Then how do i got about this, I don't want my awesome name taken, but isn't this a lot of money to get this all set. Thats one thing I don't have.

[JSonnabend]

To secure trademark rights, you'll need to actually use your name in commerce.  Until then, the best you can do is "reserve" your name, so to speak, but that will cost you more down the road when you file a Statement of Use.

The safest approach to branding is to clear the name before you start using it.  This requires a search, which isn't free.  Assuming the name looks clear, you can file an Intent To Use application with the Trademark Office to "reserve" your name.  This, too, is not free.  Finally, when you start using your mark, you'll need to file your Statement of Use and, you guessed it, pay another fee.

I can't speak to others' fees, but the fees for this in my practice would be:

1.  Search - $195-$495, depending on scope of search and type of mark.  This includes counseling to help you understand the results.

2. Application Prep and PTO fees - I don't charge for application prep if I did a search, otherwise it's $125.  PTO fees are $275-$325 per class.

3. Statement of Use - $125 for preparing the SOU, $100 PTO fees per class.

I charge $185/hour to prepare responses to examiners' substantive rejections (if any), and many responses can be completed in no more than two hours.

- Jeff

[Ventu]

Money money money Thanx a lot guys for the help. For some reason i have friends tell me its only like 20-50 bucks for all of this.
My girlfriend's dad started a business with Painting.  From what she told me he just went to the local court house and 'secured his name' or whatever you would call it.

[Isaac]

Money money money Thanx a lot guys for the help. For some reason i have friends tell me its only like 20-50 bucks for all of this.
My girlfriend's dad started a business with Painting.  From what she told me he just went to the local court house and 'secured his name' or whatever you would call it.

If you simply want to do business with a certain company name as a sole proprietor or in a partnership, then registering your name  as a DBA (doing business as) at the local courthouse is all you need to do.   Doing so does not protect against someone using a very similar name.  Instead the DBA just serves as an alias for your own name or the name of your partners.

Registering with the court house does not secure or enhance any trademark rights.   Trademark rights are established by using the name in commerce with products and services.   Jeff's advice was intended to answer the question of how you could reserve your rights prior to using the mark.

[torgo]

Welcome to the real world, sir!

What's wonderful about trademark law is that your options are open, as seen by the advice given so far.

Feel free to surf my website and don't hesitate to call my office if you'd like to talk about it at all.

-Anthony

Money money money Thanx a lot guys for the help. For some reason i have friends tell me its only like 20-50 bucks for all of this.
My girlfriend's dad started a business with Painting.  From what she told me he just went to the local court house and 'secured his name' or whatever you would call it.