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05-10-2002, 12:55 PM #1Dennis Johnson
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Protection - - - - No. Not that kind. :)
We'll be launching something new soon. Well, new to us.
We have what we believe a great slogan, tag line, whatever you want to call it.
We want to launch before getting it trademarked.
Would just including (tm) or something similar be enough protection?
Or, should we wait until we have 'real' protection before we even introduce it?
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05-10-2002, 01:19 PM #2Web Hosting Master
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If the person was smart they wouldn't take (tm) as a sure trademark. However, what is this slogan you want to trademark? Piece of advice from my experience: If you think of something really good and catchy, chances are someone already has it
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05-10-2002, 01:41 PM #3Web Hosting Master
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Including (tm) should be sufficient; it denotes "this is an unregistered trademark".
Of course, this only applies if it is possible to trademark the phrase in question -- if someone else has already trademarked it, or if the phrase is considered "generic" then the trademark claim will have no effect.Dr. Colin Percival, FreeBSD Security Officer
Online backups for the truly paranoid: http://www.tarsnap.com/
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05-10-2002, 01:46 PM #4Web Hosting Master
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Would just including (tm) or something similar be enough protection?
The bottom line with trademarking is who was first to use.
PS - Dennis, I am not a laywer. So take it with a grain of salt.
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05-10-2002, 01:51 PM #5Dennis Johnson
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Originally posted by UmBillyCord
. . . . . . So take it with a grain of salt.
But, yeh; I always thought it was like you and cperciva explained.
We fully intend to register it though.
Well, provided it isn't in use already.
I've never seen it before. But, there's lots I ain't seen.There is no best host. There is only the host that's best for you.
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05-10-2002, 01:54 PM #6Web Hosting Master
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Greetings:
Please talk with your lawyer. There are steps that must be done, and if you don't do them correctly then you loose out.
Thank you.
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05-10-2002, 02:00 PM #7Web Hosting Master
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We fully intend to register it though.
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05-10-2002, 02:04 PM #8Dennis Johnson
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Okay.
So it's Off to the Lawyer we shall go.
Where should I look first to make certain it isn't trademarked already?There is no best host. There is only the host that's best for you.
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05-10-2002, 02:07 PM #9Web Hosting Master
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http://www.nameprotect.com/cgi-bin/F...rch/search.cgi
This is a quick way. And of course there is always the source -
http://www.uspto.gov/
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05-10-2002, 10:43 PM #10Junior Guru Wannabe
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http://www.uspto.gov/main/trademarks.htm
$325. Can do it online, but there are specifications you have to follow.
For instance, using ALL CAPS when registering a name without an accompanying mark. And the Internet isn't "the Internet". It's a "global information distribution network."
I bought a book and also looked at information for an existing mark for a similar use and mimicked it.
It was interesting to note that Yahoo was unable to trademark "HotJobs" and eBay was unable to trademark "elance".
Granted, they're names, not slogans, but I thought I'd share.
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05-10-2002, 11:13 PM #11Web Hosting Master
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This is an old suggestion that was given to me a while back, I don't know if there is any legal validity to it, but here goes anyway
Write down the slogan, seal it in an envelope, and mail it to yourself. The postmark supposedly is sufficient evidence enough if someone infringes on your trademarked slogan and you can prove that you had yours first.
Of course, this could just be a bunch of garbage; but it sounds pretty right.<!-- boo! -->
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05-10-2002, 11:18 PM #12Dennis Johnson
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Okay. I went to http://www.nameprotect.com/cgi-bin/F...rch/search.cgi and looked up what I'd been thinking about since last November.
What I had been thinking about was a short, three word phrase.
To my dismay; it, in part, was just registered last December.
But it was registered as part of a six word phrase.
Can I still proceed?There is no best host. There is only the host that's best for you.
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05-24-2002, 08:38 AM #13WHT Addict
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interesting thread this!
Chang Lee - Professional Designer
(for Print, Television & Internet media)
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05-24-2002, 08:49 AM #14Junior Guru
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TM
Write down the slogan, seal it in an envelope, and mail it to yourself. The postmark supposedly is sufficient evidence enough if someone infringes on your trademarked slogan and you can prove that you had yours first.www.38h.com - Windows Hosting, Resellers and Dedicated
www.iistalk.net Windows only forum.
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05-24-2002, 11:00 AM #15Junior Guru Wannabe
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I'm not familiar with federal trademark law but would like to add that the state where I live (Washington) accepts trademark registration, and I've registered a number of trademarks at the state level along with my business license. Although they're not officially trademarked at the federal level, it's on Washington state paper that they exist at a certain date, which would at least prove first use.