TRADEMARK YOUR BRAND OR LOGO?

D

Dumbass

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Jul 21, 2011
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TRADEMARK YOUR DOMAIN, BRAND, OR LOGO?

Hi All,

I am new to the board and feel like it is time to contribute after coming on here and getting newb'd...

I have gotten two Federal Trademarks and just put in the application for a third. I think that if you really have a great domain name/concept that you should probably try for a Trademark. This last round was an exhaustive search and by no means am I in the clear. The problem is, when you are growing your business or kicking ass and making money, do you want to commit time/and resources to fighting "infringers"?


A few helpful hints:

USPTO (THE US Patent/Trademark office) preety much has everything you need to get it done. You can google any other questions you have and get most of your answers. I bought a couple of books, but really, it can be done.

Attorneys are in my veiw, bloodsuckers in general, especially in this arena. What is pathetic is that I have spent a couple of MONTHS reading, researching, etc. Today I spoke to 3 attorneys, two did not know the correct number of filing extentions you get after the first, one said 4, the other 6. The correct answer is 5, for a total of 36 months.

Go to USPTO and use basic search. Google your inquiry.

One of my current websites is a comedy-type site. Both Epic Fail and Failblog.org have Trademarks. Ebaumsworld, College Humor....so as I said, do not let the attorneys scare you, PM me if you want advice, I do not want to take your idea, but these deadbeat lawyers are so weak, tonight at the late hour I called one in Haiwii, who I gave the EXACT facts to, and he wanted to hem and haw about how it would be irresponsible of him to shoot from the hip...

We have strong IP rights in the US, Trademarks included, so it is worth the $325 IMO to file if you have a really strong brand or logo that has not been Trademarked...


It is sad but after how I have been working on both Patent and Trademark issues the 3 attorneys I spoke with today seemed so out of it....they don't understand Domains either, and I know how to go about Trademarking them. Again, if you need help, PM me or just throw it up. Oh yea, one more thing. On BOTH of the Trademarks I obtained, I called the USPTO myself, and both times got the examining attorney on the line and got it pushed thru. The first one was especially interesting, the attorney came into the room with a worried look on his face and said we had a big challenge to our mark. I called the next fucking day, got the lady on the phone (examining attorney), simply told her on a human level was my intent way, and she said "I am going to to approve this mark today." The look on the bloodsucker was priceless (no offense to honest attorney's on this forum)...
 


Good post Dumbass.

I agree with you but I am a firm believer in getting some legal advice when dealing with these type of issues as well as entity formation. If these things aren't done properly, its money down the toilet.

I can't tell you how many times I have seen IMers think they are doing a smart thing going to LegalZoom and setting up an entity, but not establishing the proper tax status' or their records and bylaws properly.

I'm not saying you need to get taken to the cleaners by going to a high priced attorney, but if you spend a little now, it can save you a TON later.
 
stuckadschris said:
Good post Dumbass.

I agree with you but I am a firm believer in getting some legal advice when dealing with these type of issues as well as entity formation. If these things aren't done properly, its money down the toilet.

I can't tell you how many times I have seen IMers think they are doing a smart thing going to LegalZoom and setting up an entity, but not establishing the proper tax status' or their records and bylaws properly.

I'm not saying you need to get taken to the cleaners by going to a high priced attorney, but if you spend a little now, it can save you a TON later.
Click to expand...

Not to be a wizeass (no pun intented) but I have done 2 trademarks already myself, and this was the third. I researched it exhaustively. In the end I knew more of the issues with domains/extentions/ likelyhood of confusion then two attorneys I spoke with on the day I decided I was ready. For $325, I filed it in under an hour. I also registerd my LLC for $40 and had it in less then a week. For attorneys fees I was looking at about $1500 and that is without any resistance. Resistance is my forte, for they love me down at the Trademark office, I called on the second Trademark (after a lawyer said I had a big fight on my hands and was ready to charge accordingly) got the lady on the phone and she said after we discussed, "Sir I am going to issue approval today." Loved seeing the face on the dumbass lawyer who thought he was going to get one by me...
 
You still bear the responsibility of enforcing your mark. It only makes sense if you think you can build a brand and you want others to not rip you off. Enforcing it on your own can be a bitch, but you do have the possibility of geting treble damages (3x) if you can prove that someone profited from your mark.
 
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