Trademarks



  • Anyone know anything about trademarks in the US?



  • They are like beer for technology companies. The cause of and the solution to all of life's troubles.


  • Service Provider

    What about them do you want to know?



  • Well, we have a few trademarks here at work, but we've always used a lawyer to do it.

    We were tinkering with the idea of using an online trademark company.

    We are looking to trademark a service. And that we should trademark the words themselves.

    To us, it seems like you would do that, but the lawyers always seem to register the logo for the service under:
    (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

    In my research, that means the words outside the logo are not trademarked.



  • @MattSpeller said:

    They are like beer for technology companies. The cause of and the solution to all of life's troubles.

    What do you mean?



  • @BRRABill said:

    @MattSpeller said:

    They are like beer for technology companies. The cause of and the solution to all of life's troubles.

    What do you mean?

    Examples:

    Our competitor is out selling us! Is there any patent suits we can lob at them to tie up their product, time and money in court so we can gain an advantage?

    We make an amazing product! Let's patent even silly trivial details like the curvature of the corners of our phone! That way if someone begins to compete with us we can sue them and tie up their product, time and money in the court!

    Hey I invented something cool! I even patented it because it's cool and it's mine and I think it could make some money! Oh wait, a big company is blatantly ripping off my design! Well now I'm screwed unless I can convince a patent lawyer to work for a gigantic portion of the award and that's only if we even win against a monstrosity that has more lawyers on retainer than fleas on a dog.


  • Service Provider

    @MattSpeller said:

    @BRRABill said:

    @MattSpeller said:

    They are like beer for technology companies. The cause of and the solution to all of life's troubles.

    What do you mean?

    Examples:

    Our competitor is out selling us! Is there any patent suits we can lob at them to tie up their product, time and money in court so we can gain an advantage?

    We make an amazing product! Let's patent even silly trivial details like the curvature of the corners of our phone! That way if someone begins to compete with us we can sue them and tie up their product, time and money in the court!

    Hey I invented something cool! I even patented it because it's cool and it's mine and I think it could make some money! Oh wait, a big company is blatantly ripping off my design! Well now I'm screwed unless I can convince a patent lawyer to work for a gigantic portion of the award and that's only if we even win against a monstrosity that has more lawyers on retainer than fleas on a dog.

    That's not at all what a trademark is. Patents are about products. TMs are about the identify of the company. No relationship.



  • @scottalanmiller I.... uh....... erm...... well... this is akward.... backs slowly out of the thread and enrolls in reading comprehension classes


  • Service Provider

    For example, MangoLassi is a trademark of GroveSocial. As is GroveSocial itself.



  • @scottalanmiller

    I searched but didn't find them.


  • Service Provider

    @BRRABill said:

    @scottalanmiller

    I searched but didn't find them.

    Didn't find whom?


  • Service Provider

    @BRRABill said:

    @scottalanmiller

    I searched but didn't find them.

    He never said it was registered.



  • @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.



  • Online trademarking doesn't "sound" all that bad. Trademarks seem like they would be rather simple.



  • @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.



  • @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?


  • Service Provider

    @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.


  • Service Provider

    Just like a copyright. A work is copyrighted upon creation, it takes no action from the creator.


  • Service Provider

    Not only is a trademark automatic, but you can use the official symbol with it.

    For example: MangoLassi™


  • Service Provider

    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.


  • Service Provider

    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?


  • Service Provider

    @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?


  • Service Provider

    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.



  • @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?


  • Service Provider

    @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.


  • Service Provider

    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.


  • Service Provider

    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.



  • @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.


  • Service Provider

    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


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