I am just wondering if trademarking your web business name is a common thing to do or not really necessary. No idea what the process would be or how expensive it would be. Any opinions on that out there?

Thanks!

Dave

And, yes you can trademark your name....but you cannot copyright it.

Thanks. Corrected. Is it common? Expensive? Have you?

Copyrights are made the instant you put your "creative idea" into a perpetual state (ie make a webpage and publish it or print it or put it on paper). Copyrights can then be filled for $20 to the US copyright office although that's not required to own a copyright.

Copyrights are meant to cover "creative works" such as music, lyrics, art, games, characters, drawings, etc..." copyrights do not cover ideas or names.

To protect your name you need to file a trademark application with the us patent & trademark office. the fee is $325 plus any legal fees related to the filling (ie having a lawyer write the trademark for you). you can search for existing trademarks on your name at www.uspto.gov and if your name is clear, you can start the application there. trade marks give you a great deal of rights to your name, especially in respect to other domains and companies online.

Thanks for the reply. So did you trademark infinityinternet.com? Just curious (and nosey). From the sounds of it I will probably hold off on the expense for now.

Thanks again!

Dave

Dave,
Although I've owned the name for years and years its really not worht a lot to me and therefore I've never trademarked it. You dont *have* to have a trademark to protect a name, it is simply grounds for increased protection. When I got my name it wasnt used by anyone else and that makes it hard for anyone else to take it away. Many other companies have used the name or the reverse of the name but I'm not concerned enough to go to court over it.

With that said, I've got half a dozen trademarks on other names that I've used in varrious projects or done for clients.

Good 'nough. Thanks! I won't worry about it then. There are enough things to deal with anyway.

Dave

http://www.trademarksetc.com/

Check that out..

Originally posted by TedS
Dave,
Although I've owned the name for years and years its really not worht a lot to me and therefore I've never trademarked it. You dont *have* to have a trademark to protect a name, it is simply grounds for increased protection. When I got my name it wasnt used by anyone else and that makes it hard for anyone else to take it away. Many other companies have used the name or the reverse of the name but I'm not concerned enough to go to court over it.

With that said, I've got half a dozen trademarks on other names that I've used in varrious projects or done for clients.


Can someone file a trademark/name on your name...even if their business came AFTER yours? For example, lets just say that MicroSoft never filed a Trademark/tradename....could someone come along now and file and then make them stop using it???

--Tina

I think they solved that problem (which used to be an issue), by allowing trademarks based on use (you don't *have* to actually register a trade or servicemark, though I'd imagine it would be a pain to defend if you didn't).

Originally posted by AffordableHost



Can someone file a trademark/name on your name...even if their business came AFTER yours? For example, lets just say that MicroSoft never filed a Trademark/tradename....could someone come along now and file and then make them stop using it???

--Tina

Hi Tina,
I have had to do some research on this subject so i do have some information to pass along to you(all disclaimers apply).

The answer to your question is yes. If you are fishing to try and decide whether or not you should trademark your name, in my opinion it is an definate yes. With the success you are having the time and money it would cost you to get your name trademarked is well woth it considering the added protection it provides you in any future potential legal matters.

In name/business disputes the courts overwhelmingly have sided on the side of companies that have the "real" world trademark.

Is there a company that can handle this entire process for me? I just want to pay someone to get it done. I looked into it before and it seemed to involve endless papers to fill out and file and searches that had to be done, etc. I don't mind spending the money...I just want someone to hold my hand. :)

--Tina

Originally posted by AffordableHost
Is there a company that can handle this entire process for me? I just want to pay someone to get it done. I looked into it before and it seemed to involve endless papers to fill out and file and searches that had to be done, etc. I don't mind spending the money...I just want someone to hold my hand. :)

--Tina

Hi Tina, both of the following are experts at it. I have had phone conversations with each. It seems best to just call them.

http://www.patents.com/trademar.htm#tm-cost
http://www.patent-ideas.com/

and online thang: http://www.trademark.com/

I often see something like "Copyright © 2001 abcco.com" at the bottom of web pages.

Is this just to provide the look of authenticity or does this really mean that something is copyrighted or trademarked?

When I see this I am wondering what is copyrighted. Doesn't seem to apply from what I see (hosting sites). Thinking maybe it looks good and portrays legitimacy or professionalism. :confused:

What do you think?
Dave

Originally posted by AffordableHost
Is there a company that can handle this entire process for me? I just want to pay someone to get it done. I looked into it before and it seemed to involve endless papers to fill out and file and searches that had to be done, etc. I don't mind spending the money...I just want someone to hold my hand. :)

If you want lots of information, or want someone to hold your hand, I recommend nameprotect.com's automark service. I've used them.

After your first one, it's easy just to use the uspto's web site to register marks. Although I still haven't received any back from just using the uspto web site.

It takes a long time.

Originally posted by Groundhog
I often see something like "Copyright © 2001 abcco.com" at the bottom of web pages.

Is this just to provide the look of authenticity or does this really mean that something is copyrighted or trademarked?

When I see this I am wondering what is copyrighted. Doesn't seem to apply from what I see (hosting sites). Thinking maybe it looks good and portrays legitimacy or professionalism. :confused:

What do you think?
Dave
It really means something is copyrighted yes. The copyright may not be registered, but this isn't something you can really tell, nor does it entirely matter. I don't even think you have to put that at the end of a page, rather just creating the work gives you certain rights to it. Again, have fun proving this in court without something registered.

Trademark, on the other hand, can be identified. A 'tm' or 'sm' next to something indicates the trademark or servicemark, however the 'r' with a circle around it indicated a registered trademark. There are certain things you trademark and certain things you copyright.

Text and layout of a web page can be copyrighted, while a company name, motto, logo, etc., can be trademarked, either by just using it, or by actually registering it. Consider the reason for doing what you need to do and then you can be guided towards the appropriate action.

OK. Thanks. I just didn't see anything on the site that looked like it was worth the hassle of copyrighting. Could be I am just missing some nuance that the web developer is really really proud of or something. Who knows.

Dave

Originally posted by Groundhog
OK. Thanks. I just didn't see anything on the site that looked like it was worth the hassle of copyrighting. Could be I am just missing some nuance that the web developer is really really proud of or something. Who knows.

Dave

Whether they're proud of it or not, they own the copyright to it, and they're just letting you know.

Another website for info on trademarks, Inc.'s, Corp.'s etc. is http://www.mycorporation.com

I have however never used there services.

In the UK there is:

http://www.companieshouse.gov.uk - Company Info
http://www.patent.gov.uk - Trademark Info
http://www.nominet.net - .uk domain info

Originally posted by rochen
Another website for info on trademarks, Inc.'s, Corp.'s etc. is http://www.mycorporation.com

I have however never used there services.
I have. Quick and easy, cheaper than the lawyer would do it for. Most of this you can actually do yourself, but sometimes these services are a time saver, plus they offer things like agent services which I suppose would be difficult to find otherwise (or at least you wouldn't be able to get it all in one place). Overall, I'd recommend it if you were looking for a quick and easy way to set up a corp., if you know what you want, etc. For an LLC, the paperwork is simple and I don't think you'd need to use a service like this.