Trademarks
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@BRRABill said:
We were tinkering with the idea of using an online trademark company.
I'd want to run away screaming at the very mention of this idea. Probably actually try to babble on enough to get whoever away from considering it.
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Online trademarking doesn't "sound" all that bad. Trademarks seem like they would be rather simple.
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@travisdh1 said:
I'd want to run away screaming at the very mention of this idea. Probably actually try to babble on enough to get whoever away from considering it.
Why is that?
I'm kind of the one considering it, which is why I ask.
I've tried running away from myself, but its messy.
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@JaredBusch said:
He never said it was registered.
Ah, registration is driving the questions I have.
Is a trademark really a trademark if it isn't registered?
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@BRRABill said:
Is a trademark really a trademark if it isn't registered?
Absolutely. That's why one is called a trademark and the other is a REGISTERED Trademark.
There is no need in the US to register a trademark. Although it can have benefits.
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Just like a copyright. A work is copyrighted upon creation, it takes no action from the creator.
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Not only is a trademark automatic, but you can use the official symbol with it.
For example: MangoLassi
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Also, if it is actually important to your business, then you should not even be questioning the need for a lawyer. Because if it is that much of a driver, it would insinuate that you need registered trademarks. Registered trademarks, may not require a lawyer, but you certainly should not be going to all of that trouble without consulting one.
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To use the
symbol you need to have your trademark registered fully with the feds and they have to provide you the documentation. -
@scottalanmiller said:
@BRRABill said:
Is a trademark really a trademark if it isn't registered?
Absolutely. That's why one is called a trademark and the other is a REGISTERED Trademark.
There is no need in the US to register a trademark. Although it can have benefits.
But if someone was also doing business under your trademark, and had it registered ... you'd have some issues, right?
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@BRRABill said:
But if someone was also doing business under your trademark, and had it registered ... you'd have some issues, right?
You would either way, whether you had registered or not. If someone has stolen your trademark, they have stolen your trademark. If someone is going to steal it, do you think that being registered makes much difference?
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Like copyrights, trademarks are automatic. Registering either is a gamble. You spend money and effort up front with the assumption that someone is going to attempt to steal it and you want some amount of documentation done ahead of time to make it easier to prove ownership later. But they don't guarantee anything and are purely a point of investing early.
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@scottalanmiller said:
You would either way, whether you had registered or not. If someone has stolen your trademark, they have stolen your trademark. If someone is going to steal it, do you think that being registered makes much difference?
Yes, because as was mentioned earlier, if a competitor wanted to mess with you, they could registered the name you've been doing business under, and then come after you. No?
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@BRRABill said:
Yes, because as was mentioned earlier, if a competitor wanted to mess with you, they could registered the name you've been doing business under, and then come after you. No?
Why would they bother to register? They can come after you anyway.
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Again the entire thing here is stop trying to get something for free.
If you are concerned about this, use a lawyer and get registered trademarks.
Unless someone in the company is intimately familiar with the legalities of enforcing registered trademarks that is the only realistic solution.
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Let's say that I wanted to claim that I was doing business as @BRRABill and that that was my trademark. I could just claim that that is my trademark and sue you. I don't need to register it to do that. If you register it, it doesn't stop me from claiming that you registered it after it was my trademark.
It DOES show that you put some time and effort into registering it and guarantees a certain date at which you were claiming to use it. But if I am going to lie about it being my trademark, that's not going to really slow me down from suing you.
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@JaredBusch said:
Again the entire thing here is stop trying to get something for free.
If you are concerned about this, use a lawyer and get registered trademarks.
Unless someone in the company is intimately familiar with the legalities of enforcing registered trademarks that is the only realistic solution.
This is the same argument we always have with the hobby side on SOHO/SMB.
But with legal stuff.
I see your point.
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Also, do you even know anything about the subject you are asking questions about? It sounds like you do not. I would start by doing basic research yourself in order to ask a better question.
Like here: https://en.wikipedia.org/wiki/Unregistered_trademark
