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Should I get my Business name trademarked?

by Aura
8 replies
I'm an author, wrote a few eBooks back a while ago.

I want to take it to another level. Been working really hard and writing lots of stuff lately, I want to publish my latest book series and will do, in a few months.


Now, I got all the fancy stuff, however I do intend to have my works under a common name, that is a Publishing brand of my own.
I did my research, and the name I intend to use isn't anywhere. Hence I was wondering if I should get it trademarked.

How do I get it done?
I did some research too, got to know about this:
Trademark Electronic Application System (TEAS) Home Page

Well, I'm not a US citizen. So what exactly do I have to follow with?
I read that it's suggested to hire a lawyer while filing for a Trademark.

I'm talking about International trademark, plus getting it done is all that my budget allows me to.

Anyone experienced with the legal stuff here?


Also, let it be known that it would be a startup sorta' thing. I don't use that publishing company name currently. My book is scheduled to release in about 6-7 months from now.

Ohhh yeah and I forgot to mention, I want to do it since It'll be a long term venture. Plus I'm paranoid of people copying and misusing my business name as theirs and get false exposure.


Can I have some advise? =)
#business #trademarked
  • Profile picture of the author gunty
    A trademark attorney will be able to assist you.
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  • Profile picture of the author SashaLee
    Hi there,

    A trademark attorney is the way to go. You can easily find a flat-fee attorney that will do the job for a small fee above and beyond what the USPTO charges. Plus, they'll remind you when you need to renew.

    There's also two types of trademark - service mark and trademark. You'd need to register both if you're concerned with knockoffs.

    That being said, you might be going to a lot of expense for nothing. Find a way to prove "first use". This means you either take out a small ad in a local paper showing YOUR first use of the mark, then buy that paper and put it somewhere safe. This will be a dated version of when you first used the mark. This will trump any USPTO filing. Just having a filing and not using the mark doesn't protect you at all.

    I'm not a solicitor and I don't play one on TV. But I can tell you this - defending your mark can put you out of business.

    All the best,

    Sasha
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    • Profile picture of the author donza
      Originally Posted by SashaLee View Post

      Hi there,

      A trademark attorney is the way to go. You can easily find a flat-fee attorney that will do the job for a small fee above and beyond what the USPTO charges. Plus, they'll remind you when you need to renew.

      There's also two types of trademark - service mark and trademark. You'd need to register both if you're concerned with knockoffs.

      That being said, you might be going to a lot of expense for nothing. Find a way to prove "first use". This means you either take out a small ad in a local paper showing YOUR first use of the mark, then buy that paper and put it somewhere safe. This will be a dated version of when you first used the mark. This will trump any USPTO filing. Just having a filing and not using the mark doesn't protect you at all.

      I'm not a solicitor and I don't play one on TV. But I can tell you this - defending your mark can put you out of business.

      All the best,

      Sasha
      Hi Sasha, it would have to be a national paper for him to get a national trademark. If it was just a regional paper his trademark rights would be restricted to the area the paper served. However if the regional paper placed it on their website it might be different

      Also, I'm fairly sure you have to be using the mark consistently in commerce to gain the rights to claim it as a trademark. I don;t think one off usage is enough. I could be wrong though as it's been a good ten years since I read up on trademark law.

      Personally I wouldn't even bother applying for a trademark if money was tight. It would be best spent on something like a good editor, top notch cover designer or marketing, After all when was the last time anyone said , "Wow!! Random House have got a new book out" It's great books that will build the trademark of your company.

      One other thing if you have the .com registered,the facebook page reserved etc who is going to steal/use your name anyway.The first thing I do when I want to check a possible business name is check to see if the domain name is available. If it's not then I just move on to another name That's exactly how I ended up with my present business name, The original name's domain was gone so I picked another one that had an available domain. I then typed it into google to see if any other businesses were using. Finally I did a check of all the registered trademarks. I also checked variants too.

      Anyway, there are millions of businesses, products that are registered trademarks and there are millions that aren't. It's your decision to which group you want to belong
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      • Profile picture of the author Aura
        Originally Posted by donza View Post

        Hi Sasha, it would have to be a national paper for him to get a national trademark. If it was just a regional paper his trademark rights would be restricted to the area the paper served. However if the regional paper placed it on their website it might be different

        Also, I'm fairly sure you have to be using the mark consistently in commerce to gain the rights to claim it as a trademark. I don;t think one off usage is enough. I could be wrong though as it's been a good ten years since I read up on trademark law.

        Personally I wouldn't even bother applying for a trademark if money was tight. It would be best spent on something like a good editor, top notch cover designer or marketing, After all when was the last time anyone said , "Wow!! Random House have got a new book out" It's great books that will build the trademark of your company.

        One other thing if you have the .com registered,the facebook page reserved etc who is going to steal/use your name anyway.The first thing I do when I want to check a possible business name is check to see if the domain name is available. If it's not then I just move on to another name That's exactly how I ended up with my present business name, The original name's domain was gone so I picked another one that had an available domain. I then typed it into google to see if any other businesses were using. Finally I did a check of all the registered trademarks. I also checked variants too.

        Anyway, there are millions of businesses, products that are registered trademarks and there are millions that aren't. It's your decision to which group you want to belong
        Thanks for feedback, everyone.

        Can't I use a website to prove the "First use" since that name doesn't even exist?
        Also, I don't want a national trademark, I want an international one.
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  • Profile picture of the author BrianMcLeod
    Here's a goodie for you, absolutely no strings attached - except one.

    The replay below is an in-depth webinar with Angela Langlotz, a trademark attorney who is herself an information marketer. This was a fantastic 2 hour training, and you're welcome to watch it absolutely free... until the end of this week when our webinar replay for Wednesday's training with Ben Settle will replace it as the most recent replay.

    After that happens, Angela's replay will be locked inside the members area along with all the other sessions.

    SO...

    For now, because this is a really important topic and I CAN - check out the replay here as my guest:

    Last Webinar Replay | Fast Effective Copy

    Sometime toward the end of the week, it will be replaced with the most recent replay - in this case the one with Ben Settle coming up on Wednesday evening:

    InfoMarketing IP Attorney Tells All | Fast Effective Copy

    This is a solid two-hour training session, but there are full controls on the video player. So you can skip around if you must.

    Enjoy and if it helps you, let me know!

    Best,

    Brian McLeod
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    Brian McLeod
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  • Profile picture of the author donza
    FreeAdvice Legal Forum

    Mate, this is an IM forum what you need is an IP forum the link above goes to a legal forum that has a trademark section.

    Cheers Don
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    • Profile picture of the author Aura
      Originally Posted by donza View Post

      FreeAdvice Legal Forum

      Mate, this is an IM forum what you need is an IP forum the link above goes to a legal forum that has a trademark section.

      Cheers Don
      Thanks Don!
      Thanks everyone for feedback!
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  • Profile picture of the author Green Moon
    You should definitely talk to a trademark attorney, particularly if you are planning to get international protection of your trademark.

    As a factual note, however, a trademark and a business name are not synonymous. Your business name may be used as a trademark and could be protected, but not all business names are used in a manner that qualifies them as a trademark.

    Also, while you can start a trademark application in the U.S. with an intent to use the mark in the future, you cannot be issued a registration until you supply evidence (an affidavit of use and a specimen) that shows that the mark is in actual use.
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