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Thread: Name of a company?
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09-13-2000, 02:03 PM #26Web Hosting Master
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This link will get you going: http://www.uspto.gov
Note: You can put a little "TM" next to things until you actually register it. In fact, this alone is a trademark, though I wouldn't want to try to defend that in court. The "R" with the circle next to things is a registered trademark. You must use "TM" until you register it officially, and once you get word back that it is registered, you can use the "R" with the circle.
I am sure this is all explained much better on that site. You can also search for tradmearks via that site to see if yours is taken already. An in-depth trademark search should be done before you register yours (not sure the fees are refundable).
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09-13-2000, 05:02 PM #27ex-Aussie
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Actually I was going to harp on about trademarks, but it's been covered now. Recently here in Australia Virgin Airways moved in and started to hunt ANY business with the word virgin in it - not other airlines (or and other type of business they are in like music etc), but rather anyone. Seems they have trademarked the word virgin and therefore have a legal right to sue anyone who uses it for any sort of business purpose. I think one was a small hairdressing salon, and most were found by picking up the yellow pages.
Turns out even a registered business/company name isn't even protection. Unless you own the trademark it won't matter against the person who does. A wild example would be, should Microsoft have not trademarked their name, technically anyone with a few dollars could have done it first then sued Uncle Bill even if they had had it as a business name first...
... what a tangled web we weave.
Greg Moore
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09-13-2000, 09:12 PM #28Web Hosting Master
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Ohhh man.....
Now Im really confused...are any of you a RTM? its 325$ to register and Im wondering if this is something I need to do ASAP or if I can start and then do it.
Arrrg
Dana aka Laci My Alter Ego
Former WHT Moderator
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09-13-2000, 09:19 PM #29Web Hosting Master
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325?? Man I guess its worth every penny, but i still saying copryright the stuff on it, so no one gets the galls to steal something off it.
Chris
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09-13-2000, 11:38 PM #30Junior Guru Wannabe
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Thank you Learner for your thoughts. I think I know what I will be doing later...registering domains. Unfortunately some domains that are similar to ours are already taken. You all gave me a lot to think about. Thanks.
Angela
WebAuthorities
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09-14-2000, 12:57 AM #31Web Hosting Master
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Dana, if you think it is just $300ish dollars then you missed a few things. You *should* trademark the name in all of its various forms.
Even just the plain text "veracity" and "veracity.com" could be tradmarked. Logos, etc, etc, etc. Really it could go on, but the best thing to do is to at least trademark your company name as it appears in plain text. Top it off, this sorta thing is a U.S. thing and just because you trademark your name here, doen't mean that Bob in Germany, can't register and trademark a German company called Veracity. Check into international tradmarks if you really want to be depressed.
Also this applies specifically to the service you offer. Apple is trademarked in regard to Apple Computers. You can't start up Apple Computerz, but you could apply for the tradmark for Apple Tree Trimming.
All of this is complicated by the web. Things that weren't an issue suddenly have become one. Just think of two John's Garages that have been operating at the same time for over 20 years. These were started at about the same time, but the Arizona John's Garage decides to put up a web site. The Florida John's Garage has trademarked the name and discovers the other John's Garage when they go to register the domain. Yeeeeek.
And what happens if you register a tradmark for VeraCity Hosting here in the U.S. and Bob registers a German trademark for VeraCity Hosting? You have the domain, but it would be a nightmare if he challenged your right to the domain. Really, it could be ugly, and if an issue ever comes up, you should consult an lawyer (and do this *before* things comes up to prevent it in the first place).
[Edited by Chicken on 09-14-2000 at 01:02 AM]
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09-14-2000, 08:15 AM #32Web Hosting Guru
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Chicken, another interesting thread this !!!!
Thought I should also mention that many countries are signatories to an international convention of such issues as Patents, Trademarks and Copyrights.
And hearing this about Virgin... oh man !!!! anyway, legally speaking Virgin cannot win but they nothing can stop them from sueing !!! the strategy seems to be to get media hype and scare most people to prevent Virgin from being used as a common business name... just like Microthis and Microthat !!!
Or maybe the Aust. laws allow them to get away with it. In most other countries they couldn't win on these grounds. But I haven't yet looked up the Aust. laws on this.
What i liked about your post was that i made a strong point about the accuracy of registering such things internationally.
Angela, you are welcome!!!
Dana, don't worry too much. Just start with registering the domain names similar sounding and spelling. spelling is more important of the two in my opinion. The rest can wait till your business grows increasingly profitable. Then money and expenses on these issues won't chew up your bank account!!!
And Dana, interesting thread you started here !!! This had to be discussed, sooner or later.
Duster, wondering if you would like to put up an edited version of this tread at your site. These issues raised here about a domain name booking sure is worthwhile knowledge to possess. If you wish, I could write one up for you after doing a little bit more research on this subject.
Learner
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09-14-2000, 04:46 PM #33Web Hosting Master
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Originally posted by Learner
[Duster, wondering if you would like to put up an edited version of this tread at your site. These issues raised here about a domain name booking sure is worthwhile knowledge to possess. If you wish, I could write one up for you after doing a little bit more research on this subject.
Learner"Give your choice of domain name a great deal of thought. If you make it distinctive enough, you protect yourself from infringement by others who may use a variation of your domain, or register it under the .net, .org, or a country domain. Of course, you can register your domain under .com, .net, and .org (if all are available), and common variations of the spelling if it is not distinctive. You may wish to consult with an attorney on the matter.
If someone has trespassed on your rights by registering your unique business name, you may force them to relinquish it. See the Disputed Domain Name Policy at ICANN."
I'll be glad to expand on this issue. Thanks for the offer.Techcellence - Business Specialists and Information Resource
http://techcellence.net
Information on selecting a host and other things related to an Internet presence at http://techcellence.net/information
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09-14-2000, 04:51 PM #34Web Hosting Master
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Here are a couple of relevant links
http://www.wipo.org/eng/ World Intellectual Property Org.
(this link is to their English section., They have other language versions also)
http://www.uspto.gov/ U.S. Patent and Trademark Office
Techcellence - Business Specialists and Information Resource
http://techcellence.net
Information on selecting a host and other things related to an Internet presence at http://techcellence.net/information
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09-18-2000, 10:01 AM #35Web Hosting Guru
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Thanks for the links. Will research this on the next few weekends and send the draft to you for your review.
Learner
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01-23-2003, 12:40 AM #36Temporarily Suspended
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Joe Blows Web Design
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01-23-2003, 04:10 AM #37Dennis Johnson
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Trying to break the record for ressurected threads, Adam?
There is no best host. There is only the host that's best for you.
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01-23-2003, 04:21 AM #38Disabled
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Name says it all, Try to think of something that doesnt just sound great but actually has a logical meaning to yourself or in general.
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01-23-2003, 12:03 PM #39Web Hosting Master
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Originally posted by pattox
Name says it all, Try to think of something that doesnt just sound great but actually has a logical meaning to yourself or in general.www.doctorhill.com.au
Need help? just ask The Doctor
House calls a specialty
If ignorance is bliss, why aren't more people happy ?