trademark question

[wildside]

the thread about flames troubles got me to thinking...

i have been thinking about doing the trademark of the company name, and i know of at least 2 other people using this same name, if i register it, i can then send them a "stop it" letter?

even if they have been around for awhile, i think the one registered the domain name about a month before i started, so i would assume he technically has been in business about 30 days longer than this company, does that matter? or i registered it so i get all the rights to it?

we have a unique enough name that it isn't widely used, so is it even worth registering it?

and is legalzoom, the easiest way to handle it? i have never used legalzoom, but have read good things about it

 

[oldgoatroper]

You cannot trademark a company name.

You can trademark a product or service -- or even something that describes a product or service, but not the company name.

i.e. Coca-Cola is the name of a product that the Coca-Cola Company sells.

A trademark, trade mark, or trade-mark[1] is a distinctive sign or indicator, used by an individual, business organization, or other legal entity, to identify that the products or services with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

from: Trademarks

 

[wildside]

another part of that...

been thinking about changing part of the company name, keep the first part because everyone knows us by it alone, but change the second part to something that is easier to spell (for all the haters out there) and second to change some of the scope of what i want the company to do in the future as opposed to what the name says we do now, if all that makes sense

i mean if gonna pay 500-1000 to trademark it, might as well change to the name you want to continue with first right?

but something in me still wants to register the name now just to puch some buttons with the other company

 

[wildside]

i think you can trademark your company name, taken from the US patent office...

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

 

[oldgoatroper]

i think you can trademark your company name, taken from the US patent office...

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Your company name is already registered. Just as the Coca-Cola Company Ltd.'s name is already registered, albiet yours might only be registered at a state level, not national.

As i've said, trademarks identifies a product or service. There's nothing stopping anyone from registering a trademark that is the same as their company's name, but if you do want to trademark something, you're going to have to name a product or service you supply as the "item" that is trademarked.

Do your research and you'll find this is so...

 

[Locals Find!]

Yes, you can trademark a company name. A service gets a Service Mark you don't have to pay a dime to Trademark or Service Mark a name with the T or S in a circle.

If you wanna register a Trademark that is a different story. I work next door to a lawyer and from what she tells me is legal zoom is horrible. Half her work load is sorting out other peoples messes caused by them using legal zoom. If your going to spend the time, money and energy to Register a Trademark hire an attorney who specializes in that field. It will be worth the peace of mind down the road that all the "i"s were dotted and "t"s crossed.

 

[oldgoatroper]

Yes, you can trademark a company name. A service gets a Service Mark you don't have to pay a dime to Trademark or Service Mark a name with the T or S in a circle.
.

That is called a trade name, sunshine.

A trademark may be designated by the following symbols:

• ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
• ℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
• ® (for a registered trademark)

An unregistered trademark is worth as much as you paid for it.


And what is this T or S in a circle you are talking about?

 

[CheapVehicleWrap]

Are you in the same industries?

 

[Border]

I drive right past one of the other wildside shops you are probably speaking of somewhat frequently. I wondered if it was you until I looked up your website.

 

[Locals Find!]

That is called a trade name, sunshine.

A trademark may be designated by the following symbols:

• ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
• ℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
• ® (for a registered trademark)

An unregistered trademark is worth as much as you paid for it.


And what is this T or S in a circle you are talking about?

Can you explain this then??

 

[royster13]

UPS is the trademark and United Parcel Service of America Inc. is the company name....

 

[oldgoatroper]

UPS is the trademark and United Parcel Service of America Inc. is the company name....

Yes, and the mark is shown as TM, which means that it is unregistered.

 

[Locals Find!]

Yes, and the mark is shown as TM, which means that it is unregistered.

So my statement that you can Trademark a Company Name is Correct.. I never said you could Register it as I don't know if you can or cannot.

 

[royster13]

UPS is not the company name.......

 

[oldgoatroper]

So my statement that you can Trademark a Company Name is Correct.. I never said you could Register it as I don't know if you can or cannot.

No, it isn't correct. A trademark is not the same as a tradename. A trademark is defined as a mark identifying a product (goods) or service. Got that?

The UPS in this case is not the Tradename. It is a mark identifying the service (parcel delivery) that United Parcel Service Inc. provides. That you equate the service mark with the name of the company is a nod to the effectiveness of their marketing, but does not, in the least, show you understand the difference between a trademark and a tradename.

Go visit your lawyer friend.

 

[Locals Find!]

No, it isn't correct. A trademark is not the same as a tradename. A trademark is defined as a mark identifying a product (goods) or service. Got that?

The UPS in this case is not the Tradename. It is a mark identifying the service (parcel delivery) that United Parcel Service Inc. provides. That you equate the service mark with the name of the company is a nod to the effectiveness of their marketing, but does not, in the least, show you understand the difference between a trademark and a tradename.

Go visit your lawyer friend.

Your wrong I am sorry to have to tell you READ

 

[HulkSmash]

 

[oldgoatroper]

Your wrong I am sorry to have to tell you READ

Blah, blah, blah....

A trademark... protects the intellectual property of businesses...

B.S. -- Copyright protects intellectual property. Major slip-up for an alleged lawyer. The guy is blustering.

When it comes down to it, any registered trademark will, by definition, be associated with some product or service. The trademark may, in turn, be owned by a company that may have the same registered tradename as the registered trade mark, but the two remain distinct legal entities.



And no, I'm not wrong and you're not sorry... (notice the correct spelling of "you're" -- a contraction of the two words, "you are")

 

[Dan Antonelli]

Mark -

If you're serious about doing this the right way, I'll hook you up with my patent/trademark attorney who handled my stuff, and most of my clients stuff as far as getting a TM or ®. He's an ace, and only deals with this stuff. I can assure you mine would probably not have gone through if it was prepped properly, which is why LegalZoom is generally not a great investment. I'm sure for some stuff, but if you consider your brand to be your most valuable asset, it's not something I'd screw around with---

 

[JoshLoring]

I have a registered trademark on 2 logos, it's time consuming but not too expensive.
You can trademark a name but if you do, you have to prove the industry it's used in and show samples of it used in commerce.

You get a cool certificate from the govt too.