How to trade mark my website?

13 replies
Hello!

I have a new site that I have recently opened and I want to trademark it. My website/blog is about fitness and nutrition. I do not intend to sell any of my own products(I will be an affiliate for other products).

I don't want anyone else using my brand name for their own goals in social media sites,products or websites.

What should I do?What companies provide that services? Is it even necassary to do so?
Thank you!
#mark #trade #website
  • Profile picture of the author Rod Cortez
    Originally Posted by eduardcore View Post

    Hello!

    I have a new site that I have recently opened and I want to trademark it. My website/blog is about fitness and nutrition. I do not intend to sell any of my own products(I will be an affiliate for other products).

    I don't want anyone else using my brand name for their own goals in social media sites,products or websites.

    What should I do?What companies provide that services? Is it even necassary to do so?
    Thank you!
    It sounds like you want to protect your brand name by trademarking it. There are lots of trade mark services out there. I've been very happy with Legal Zoom here Trademark Registration & Filing Services | LegalZoom

    You should give them a call and ask them questions.

    RoD
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    "Your personal philosophy is the greatest determining factor in how your life works out."
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  • Profile picture of the author serryjw
    The trademark will protect the company name/URL...NOT the same name on social media sites...Do call Legal zoom and ask your questions.
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  • Profile picture of the author amalgam
    Trademarking a name effectively can be more complicated than you think. My son just trademarked a name that had an interesting background and was not so simple to determine if it was possible to trademark.

    Legal Zoom is a good company. However, when you call you will not be talking to an attorney, unless they have changed their policy.

    For trademarking a name, I would suggest using an experienced attorney in that field who will do thorough research and give you professional advice. It will cost you more, but well worth it in my opinion.
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  • Profile picture of the author eduardcore
    But should I take legal action so soon? Shouldn't I work on my website first and only than to TM my brand? Or will it be counter-productive?
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  • Profile picture of the author talfighel
    Originally Posted by eduardcore View Post

    Hello!

    I have a new site that I have recently opened and I want to trademark it. My website/blog is about fitness and nutrition. I do not intend to sell any of my own products(I will be an affiliate for other products).

    I don't want anyone else using my brand name for their own goals in social media sites,products or websites.

    What should I do?What companies provide that services? Is it even necassary to do so?
    Thank you!
    There will always be people who will copy a part and even the whole site from someone else.

    You will get people like that and there is not much you can do about it. You can chase them and go through a legal battle with them or you can build your business and make more money.

    Online, there will always be people who copy your content/website/videos.

    I even had people on YouTube who took my videos I made and then put it on their channel with their own links.

    Again, you can battle them or you can continue to build your business. I chose to build my business and not waste time fighting them.
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    • Profile picture of the author eduardcore
      Originally Posted by talfighel View Post

      There will always be people who will copy a part and even the whole site from someone else.

      You will get people like that and there is not much you can do about it. You can chase them and go through a legal battle with them or you can build your business and make more money.

      Online, there will always be people who copy your content/website/videos.

      I even had people on YouTube who took my videos I made and then put it on their channel with their own links.

      Again, you can battle them or you can continue to build your business. I chose to build my business and not waste time fighting them.
      I couldn't agree with you any more mate! Until now my only focus was quality content!
      But what I am afraid of is people opening accounts on Facebook or twitter and posing as me thus damaging all my brand I've work so hard to build.

      Is it possible for me to write at the bottom of the page - "Copyright **My brand name" 2013-2014"? I thought it would at least state - "This is my work right here and not yours".
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      • Profile picture of the author serryjw
        I believe that is one of the benefits of G+. You need to establish your self as the author of this content, so Google knows others are imposters.
        talfighel Is absolutely right. You can only minimize the theft, never eliminate it. Focus on building the business and making money
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        • Profile picture of the author OnlineStoreHelp
          Also remember that you effectively have a trade or service mark even though it is not a "registered" trade or service mark and you can show how long your art has been available if you ever run into an issue. It runs you about $350 to register EACH trade or service mark and then you have to make sure you aggressively protect that trademark.

          Mind you, it sounds like you are more concerned with others stealing content instead of your branding which would be a copyright issue, not necessarily a trade or service mark.

          In reality, spending the minimum of $350 to register a trade/service mark is probably not a good use of your funds if you are just starting out. The only time you might want to worry is if you have someone famous contributing to your brand giving it more value up front. I would instead use that $350 on Facebook ads to grow your customers and list and then when you grow, consider the registration.

          Just as an example, if you ever see a company name or brand and it has "TM" in superscript, it is a trademark that is not registered. You can always start out with the little TM in superscript next to your website name. If it is a registered trademark, it will have the R with the circle around it.
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          • Profile picture of the author srumsley
            I understand your concern about building something up only to have your good work stolen, or worse: have yourself impersonated and your reputation damaged. But trying to get a trademark, patents, copyright or other legal status to actually protect is more complicated than it appears, as others replying to you have just indicated.

            I am also in the process of seeking a trademark for my website, and patents for the rather unique "business concept" that our website will be using, which I don't want to be duplicated by others for unscrupulous ends.

            In my discussions with the lawyers, several things have come to light. One is the warning that no protection will ever be complete, and that serious challenges would have to be contested in court (which no one really wants to do).
            And challenges do happen. I had to give up a domain name that I had which, to me, was a very generic phrase. But it turned out to be a registered company name and their lawyers sent me "cease and desist" type emails, and I dumped my site. Just as well I hadn't tied up a lot of time and money into it.

            Another thing is that before you can register a trademark, you have to pay for "searches" to be done, to ensure that what you are trying to own (in this case, a name and a concept) does not already exist in a similiar enough form, either registered or unregistered (the TM or SM symbol). In other words, by beginning the process of actually wanting to protect a name / concept yourself, you may actually discover that your idea / name is in breach of someone else's claim to ownership (and the name does not have to be exact, just very similar).

            The cost for these searches, and of course the cost of registering the trademark, are set out by geographical location. I can pay for a search across the US, and have a trademark registered in the US, but that does not cover folk or provide protection against its use elsewhere.

            Considering that websites are global in nature, you would have to pay for the whole lot, covering every geographical location, to at least give yourself a sense of protection. But even then if someone came up with a claim that showed and proved that they had been using that name, or concept, before you ever registered it, you would actually be in breach of their claim even though you thought you were first. (Hence the need to have searches conducted first, but they are not guaranteed and foolproof.)

            My lawyer also recommended incorporating two companies - one as a holding company which "owns" the IP (intellectual property - the business concept), and licenses out the use of the concept to the second, trading company, which uses it. This is to protect against ever being sued (the trading company) and losing all assets. If the trading company held the IP as an asset, it would be lost too, but this way it is protected, can be modified if need be, and relicensed for use again to another trading company.

            Now, you are probably like me - when I heard all this palaver from the legal people, I just wanted to forget it all, and go ahead, get on with my business, and hope noone would be low enough to steal my idea and name. I still wish I could do that. But for what's at stake, I have to at least set it up the way they recommend, or I would be doing a dis-service to others who depend on me. But as to the rest, the trademarks, patents and all, I honestly cannot afford it yet, but maybe I will decide that I should go that way when I can. I will see how fast the business grows first :-)

            I hope this helps. It's just (sadly) very costly to get some protection, and even then it might not be enough. But I am planning to do whatever I can afford to rather than ignore it all and then have regrets.

            All the best,

            Sue
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  • Profile picture of the author BradVert2013
    Originally Posted by eduardcore View Post

    Hello!

    I have a new site that I have recently opened and I want to trademark it. My website/blog is about fitness and nutrition. I do not intend to sell any of my own products(I will be an affiliate for other products).

    I don't want anyone else using my brand name for their own goals in social media sites,products or websites.

    What should I do?What companies provide that services? Is it even necassary to do so?
    Thank you!
    If you're just starting out, I wouldn't start worrying about trademarks just yet. Work on your site, make it the best it can be. Start making some money. Establish yourself. Otherwise you'll spend all this time and money getting a trademark and you'll have nothing to show for it.
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  • Profile picture of the author Mssmb
    Since you don't want anyone to copy or use your brand logos or slogans, then you should get them protected by applying for trademark protection with the U.S. Patent and Trademark Office. I highly recommend that you get advice and help from an experienced Intellectual Property attorney. Don't try and fill out the application on your own because it is a very complicated process. It is also very expensive, so you will want to get things right on the first go around.
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