Ultra_Tom
12-15-2000, 10:28 AM
How do you register a Trademark? I'm based in the UK and I don't want people stealing my website names.
TIA
TIA
![]() | View Full Version : Registering Trademarks Ultra_Tom 12-15-2000, 10:28 AM How do you register a Trademark? I'm based in the UK and I don't want people stealing my website names. TIA Racin' Rob 12-15-2000, 10:42 AM You have to decide where (what country) you wish to register the trademark. Then find a good Law Firm that specializes in trademarks in that country. http://dir.yahoo.com/Regional/Countries/United_Kingdom/Business_and_Economy/Business_to_Business/Law/Intellectual_Property/Trademarks/ Ultra_Tom 12-15-2000, 10:46 AM So if I registered 'ultra_tom.com' as a trademark in the UK it couldn't be enforced in the US? What do the big corporate companies like Coke Cola do? They can't go round registering the same trademark in over 180 countires. ultra_tom Racin' Rob 12-15-2000, 10:52 AM That is correct. Each country is in control of all trademarks used in that country. Ultra_Tom 12-15-2000, 10:58 AM Thanks Racin' Rob. ultra_tom Jaiem 12-15-2000, 12:27 PM Also with the new TLD's coming out it's possible for two sites of the same name to have different TLD's. You'd have to decide whether to pursue legal courses or not. At least in one case (a French case) the court ruled it's OK for two seperate businesses to use the same name with different TLD's. Even with similar or same names you have to decide if it's worth going after every one who uses the same or similar name. For example, if you're company is Super Software Inc., I'd bet there are many software companies that use the word "super" in their name or description. pippen 12-15-2000, 01:30 PM So does that mean if I register mycompany.com as a Canadian or UK trademark, the US trademark owner of "mycompany" can sue me for using the domain name? For domain speaking, is the US trademark gonna rule out every other countries trademark? Racin' Rob 12-15-2000, 01:41 PM Only if you promote your trademark in the US. If you own the trademark for mycompany in the UK and Canada and someone else owns the trademark for mycompany in the US, you are fine to use your trademark in the UK or Canada, but not the US. If you are going to trademark a domain name, Depending on what product you are promoting, my suggestions would be to do it in the U.S. and your own country. KapTin Kirk 12-15-2000, 06:22 PM How much does trademarking a name/logo usually cost? (not including lawyer fees) Duster 12-15-2000, 06:52 PM Trademarks are a complex issue and require a bit of thought and research. You may not even have to register them. You can start by reading the information on these sites http://www.uspto.gov/ US Patent and Trademark Office http://www.wipo.org/ World Intellectual Property Organization As a matter of fact, big corporations like Coca Cola do register their trademarks in many countries. They also have local bottlers in many countries. It makes sense for the big guys, but not for much smaller companies. A more practical solution is to research and choose domain names carefully. The more distinctive they are, the less likely they are to infringe on any company's rights and the greater your claim will be to them. Remember that registering a domain name does not necessarily confer the legal right to use it. Choose wisely (and do your research first). ODE 12-17-2000, 04:36 AM I agree with Duster. I've been working with a trademark attorney here in Alaska and the whole thing gets really complicated. It cost us $325 to register federally in the US. It only cost us $50 to register with the State of Alaska. Both are sufficient evidence to hold up in a court of law. Most everybody can claim common law trademark rights and put the (TM) or (SM) after there trademark or service mark and usually that's all that's neccesary. Only the marks that are federally registered in the US have the (R with a cirle around it). There is a thread about domains and trademarks here http://www.webhostingtalk.com/showthread.php?threadid=3602 |