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Can I say a website B is a brand or trademark of company A without trademark registration?

by Falconn
13 replies
Hi all,

I have a company, let's say WF Falconn Company and its website wfflaconncompany.com. For a new activity of the company I decided to have a second website newactivity.com. As a result I would like to know if on the About us page of this last I can something like : 'newactivity.com is a brand (or trademark) of WF Falconn Company' while I have not registered it as a trademark.

Thanks in advance for your help.
#brand #company #registration #trademark #website
  • Profile picture of the author HelpingYouBeAnExpert
    That is the legal question and if you are in a state of California for example where they passed on year 7000 laws can you imagine how hard it is to answer this even if you read 1000's of the regulations the force on us? I would ask a pro, but that's just my opinion and if any FEDS are reading this post here's my disclaimer I'm not a lawyer and my advice is not legal it's to get legal help from a pro. Good luck.
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    • Profile picture of the author JohnMcCabe
      Layman's opinion, not legal advice...

      Yes, you can say it's a trademark. You can't say it's a "registered trademark" if it isn't.

      Where it gets tricky, and an expensive legal specialist might be a cheap investment, is if you ever have to enforce that trademark. Claiming it and defending it are two different animals.
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      • Profile picture of the author Falconn
        Originally Posted by JohnMcCabe View Post

        Layman's opinion, not legal advice...

        Yes, you can say it's a trademark. You can't say it's a "registered trademark" if it isn't.

        Where it gets tricky, and an expensive legal specialist might be a cheap investment, is if you ever have to enforce that trademark. Claiming it and defending it are two different animals.
        Ok, this is exactly what I thought.
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      • Profile picture of the author kindsvater
        Originally Posted by JohnMcCabe View Post

        Yes, you can say it's a trademark. You can't say it's a "registered trademark" if it isn't.

        Where it gets tricky, and an expensive legal specialist might be a cheap investment, is if you ever have to enforce that trademark. Claiming it and defending it are two different animals.
        Yep. Most trademarks are never registered. My favorite is going to the grocery store and seeing the Pillsbury Doughboy on various packages, with a "tm" next to him. Famous character and trademark. But there is no claim the image on the box is a federally registered trademark.

        Registration gives you legal benefits, but is not required to have an enforceable trademark.

        .
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    • Profile picture of the author Falconn
      Originally Posted by HelpingYouBeAnExpert View Post

      That is the legal question and if you are in a state of California for example where they passed on year 7000 laws can you imagine how hard it is to answer this even if you read 1000's of the regulations the force on us? I would ask a pro, but that's just my opinion and if any FEDS are reading this post here's my disclaimer I'm not a lawyer and my advice is not legal it's to get legal help from a pro. Good luck.
      Unfortunately, I am presently too much financially limited for further fees to a lawyer.
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    • Profile picture of the author Steve B
      Typically, the language would be "new activity" is a division or subsidiary of the WF Falconn Company. But of course, you shouldn't make any claims unless you have set up your businesses in that manner so that you are in a solid legal position to defend and protect those claims.

      Having a lack of funds to set up and then protect your business calls into question the wisdom of someone being in business in the first place.

      Steve
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      • Profile picture of the author Falconn
        Originally Posted by Steve B View Post

        Typically, the language would be "new activity" is a division or subsidiary of the WF Falconn Company. But of course, you shouldn't make any claims unless you have set up your businesses in that manner so that you are in a solid legal position to defend and protect those claims.

        Having a lack of funds to set up and then protect your business calls into question the wisdom of someone being in business in the first place.

        Steve
        Sometimes when a serious hazard/sinister happened when trading you don't really have the choice (except to just give up but this is not an option). I made a search : I could just start this activity by saying the "We represent a new independent team in this sector".
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  • Profile picture of the author The Overseer
    Banned
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    • Profile picture of the author Falconn
      Originally Posted by The Overseer View Post

      TALK TO A LAWYER!!!!
      I will be talking to a lawyer every day...since this website is just like opening a fan page...
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  • Profile picture of the author Triplescan
    If the trademark is yours, the company is in your property so you have its trademark, is ok to re-use it. But if you are selling Converse, so you are a third party, you should ask for permission to use their trademark in a new site. But legal advice is best, here.
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  • Profile picture of the author Tsnyder
    The word trademark has a commonly understood legal meaning.

    I don't know the answer to your question and unless the person you've agreed
    with above is an attorney specializing in the subject I wouldn't be too hasty to
    act on their advice.

    But... my question is if you don't actually have a legitimate trademark why
    would you want to claim that you do? People delve into all sorts of things
    for the oddest reasons and when they find that you lied about such a simple
    thing you run the risk of your credibility being shot for nothing.

    I don't see the benefit in doing what you prospose. It certainly won't add
    to whatever you're trying to accomplish with the second site.
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    • Profile picture of the author Kay King
      Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
      If you are in the US (don't know) - the above is from the govt site about trademarks. ( uspto.gov )
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      • Profile picture of the author Falconn
        Originally Posted by Kay King View Post

        If you are in the US (don't know) - the above is from the govt site about trademarks. ( uspto.gov )
        Hi, I am in the UK.
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        • Profile picture of the author Kay King
          Then you need to do the research on the govt regulations for trademark in the UK yourself...just as I did for the US. Took just a few minutes to do it.
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