Should I Get A Trademark??

12 replies
I am getting ready to launch a CB product but I am concerned about the name of the product.

I want to own the name in general.. Will a trademark do this for me?

I don't have a specific logo that im looking to trademark. I just want the name. Have you guys ever had to buy a trademark before? What is the best way to insure that I own the name of my product outright?
#trademark
  • Profile picture of the author Don Schenk
    Yes, I've looked into it, and the cost is a couple thousand dollars. Half of that is research done by the attorney.

    You can do the research yourself, but in talking with an intellectual property attorney - someone at the law office where my favorite attorney (wife) works - I learned the filing fees at the US patent office are quite high.

    I did learn there are so many factors involved in whether or not you can get the trademark, you really do need to talk with an attorney who is an expert in that field. It is a highly specialized area of law.

    A trademark is completely different than a copyright. Not even close. You do need an attorney to at least set you on the right path even if you are willing to take the time to do the trademark research.

    :-Don
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  • I registered my business name. Didn't cost much. Good enough for me.
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  • I personally always trademark all my trade names and I also always do it myself. I had my trademarks challenged in court a few times in the past and won every time. IMHO its not that hard, if it is a straightforward mark you came up with (nothing that's a overly common or descriptive word such as "Jogging Coach" or if it is too similar to another mark). Completely made up names/words or a logo are the easiest ones to trademark. It will cost you $325 for each class/category in filing fees and you need to have a picture or printout of a page/place where you have first used that mark in commerce (i.e. copy of your homepage, letterhead, etc.) when you file electronically, which usually takes me about 20 to 30 minutes on the USPTO website. They have good help documentation online. With the exceptions of my larger companies I usually just protect my marks in the one class/category I do business in (you can always add more later once you're approved in one class), which always seemed good enough for my purposes. Some good info as well as a way to search the USPTO's trademark database is at Trademarks Home. Good luck.
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  • Profile picture of the author Andrei
    Sometimes trademarks are really good. If you talk to your layer you will see that registering your trademark is not that hard but if you are willing to spend some money on the trademark you should hire someone to build you a logo and more trademarks icons...
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  • Profile picture of the author snowcloud
    THnks for the help you guys.. So from what I see.. I just need a unique name. I dont got a logo image.. but I think that doesnt matter
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    • Profile picture of the author afilmarket
      Originally Posted by snowcloud View Post

      THnks for the help you guys.. So from what I see.. I just need a unique name. I dont got a logo image.. but I think that doesnt matter
      I trademarked the name and logo of my not-for-profit I run. The need and procedure depends on where you live, to begin with.

      I know in UK (and imagine it's similar in US) that you can just trademark a name.

      But I immediately thought, "why do you need to TM it?". All it means is that people have to ask your permission before they print it, and you have the right to charge for people to use it.

      What it doesn't do, however, is stop people copying your product. If you have a physical product to sell, then I imagine that's the thing you're most concerned about, isn't it?

      I always use Facebook as an example. The name is trademarked, but it doesn't stop other people setting up social networking sites. However, FB will always reign supreme, as it is just the best at what it does. So, my advice would just be to be the best at what you do, and your reputation will be your most valuable asset.
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  • Profile picture of the author afilmarket
    Originally Posted by TheBlogger View Post

    You can use the TM symbol without having to actually register anything, so just use that. Some of the top-selling CB products do this. If it picks up, then you might want to register the trademark, but there's no real need.

    FatBurningFurnace.com is doing very well and as you can see from their logo, they're using the standard TM symbol - their name hasn't been registered (unless they haven't bothered to update their logo!)
    You can use the TM logo once you've started the process of trademarking, and you're waiting for it to be finalised. It can take several months from start to finish.
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    • Profile picture of the author afilmarket
      Originally Posted by TheBlogger View Post

      I don't think so... take a look at these:

      United Kingdom

      Source: Intellectual Property Office - Enforcing your trade mark

      United States

      Source: Should I register my mark?
      Interesting, thanks.
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      • This is a great discussion and very timely.

        Applying for a trademark (or not) is a business decision. If you're building something to last, odds are you should trademark the name.

        Look at Fiverr. They very quietly trademarked the words "gig" and "gigs" in relation to microjobs. Any of the clones could have done it but Fiverr did it first, then the clones had to remove references to "gigs" from their sites.

        A trademark is power. Like any source of power, you have to defend it.

        fLufF
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  • Profile picture of the author sbucciarel
    Banned
    I trademarked a name years ago. The filing fee was $200. I got the trademark and there were no problems. There's an application I think at the Patent and Trademark site.
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