Forums: Discussions for entrepreneurs and small business.

Ok...I know that I should already know the answer to this, but I am plain old sick of researching! I feel like that`s all I ever do anymore ;0)

I want to trademark my company name, Storybook Studio. There is a company with the same name, but it is a wedding photography company - I manufacture art/craft products. Can I register for the same name because my logo and business is different...or do I have to come up with something else? I looked up trademarks on the uspto.gov website - and I will pour over it tonight, but just wondering if someone had a quick answer to this.

Thanks!!

Melissa

 

 

 

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Melissa Yamello
Owner/Designer
Storybook Studio
www.storybookstudio.net

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I think you can do it as long as you aren`t in the same industry.  But, my advice is to pay an attorney to do it for you.  It took me almost 18 months of frustration to work it through the system myself.  The government attorney doesn`t speak the same language you do and you are never entirely sure WHAT they want when they send you a letter requiring clarification of this or that.  At one point, my application was marked as "abandoned" and I thought, "Dang, I`ll have to start over!"  But, then about 6 weeks later, I got a notice that it was done and being published for opposition (the last step).  If I had to do it again, I`d pay someone in a heartbeat.

~Kim
ScrapBiz

I would like to suggest www.legalzoom.com.  They will answer all of your questions and file the application for you at 1/2 the cost a lawyer would charge you.  I used them for my trademark application.  Good luck!

Norma

www.theExecuCoach.com

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Norma Provencio Pichardo ExecuCoach TM norma@TheExecuCoach.com www.TheExecuCoach.com

Melissa, here are some more web sites that deal with this topic. Scroll
about half-way down and you`ll see "Logo, tradename and trademark
searches"

Click Here: http://www.creativebusiness.com/resource.lasso

Kim - That is exactly the kind of nightmare I`m trying to avoid. Thanks for sharing your experience. I do not think I want to take this on myself. I get a headache just looking at the information on trademarks.

Norma - Thank you very much for the suggestion. I will definately check them out.

I have another question. My kit doesn`t neccessarily require a patent - it doesn`t contain anything revolutionary. However, I would like to create a copywrite on my designs. Do I need to file a separate copywrite on each and every design, or can I copywrite an entire collection (all of the designs in the kit for example).

Melissa 

 

 

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Melissa Yamello
Owner/Designer
Storybook Studio
www.storybookstudio.net

Kids` Craft Blast
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Thank you Doris - you must have posted at the same time I was...I didn`t see this one. I will check them out!

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Melissa Yamello
Owner/Designer
Storybook Studio
www.storybookstudio.net

Kids` Craft Blast
Sign-up for our newsletter featuring free project ideas in each issue!

Just bumping this up to see if anyone can help with my second question. Thank you!

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Melissa Yamello
Owner/Designer
Storybook Studio
www.storybookstudio.net

Kids` Craft Blast
Sign-up for our newsletter featuring free project ideas in each issue!

Ms. Yamello,

You certainly can go through an attorney, but you surely don`t need one to file.  Most people are afraid of being sued and believe going through an attorney will prevent this.  However, there is no legal protection with this approach.  If there is a company that feels you are in violation, they will sue if you used the services of a lawyer or not.

Performing a search ( http://tess2.uspto.gov/bin/gate.exe?f=tess&state=tbb7jn. 1.1) is the first step.  If there is a company with the same name, then look at there site for their logo or the one on their application.  After the examination fill out an application (http://www.uspto.gov/teas/eTEASpageA.htm) and pay the fee.  The government will perform the search too via their examiner.  A lawyer does the same exact thing or via a third party that specializes in this area.  Either way, the government is the party who makes the final determination.  A lawyer will smile and just take your money!

Once you`ve submitted the application it will take up to a year at minimum (on average).  Your logo on the site has graphics.  The graphics is what will establish a unique mark.  It`s not the words.

Start-up capital is never fun, but it is part of the requirements to establish your entity for protection.  If the mark is sued, it`s against the company and not your personal assets.  Just make sure you file for a LLC or incorporate with a minimum of $1,000,000 per incident business insurance.

One last thing, it is perfectly legal to place the “TM” next to your logo.  This informs all the logo is in pursuant of acquiring the “®” mark.  It provides a bit of legal protection and can intimidate or possibly prevent another company pursuing a registered trademark.

Good luck!

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Steve,

Thank you very much for this information. I`m feeling a little more confident about filing myself now. 

The other company doesn`t really have a logo with graphics - they are basically just using the name. They are a wedding photography company, and I`m not too worried about it. But, would I be correct to think that if I file for the trademark and Uncle Sam approves my application officically registerering my mark, that another company with the same name cannot sue me?

I will be filing as an LLC (currently sole-proprietor) and am currently looking into business insurance. Thank you for the advice on the minimum per incident. I really appreciate your feedback on this - it`s so overwhelming getting all of the start-up details taken care of. I can`t wait until it`s over.

 

**Update** - I just filed, and it was pretty easy. Hopefully they won`t have any issues with it. Thanks everyone!

 

Melissa

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Melissa Yamello
Owner/Designer
Storybook Studio
www.storybookstudio.net

Kids` Craft Blast
Sign-up for our newsletter featuring free project ideas in each issue!

Once registered it is very difficult to sue.  The examiner will look at date of filing if there are other registered filings.  Keep all your documentation.  The source or orgination date is the first thing that is looked at and determines the first party of creation.

When the name is common, such as mine (net-net tech, llc), it is too common to file.  However, I`m adding a logo to my website which should give it original content.

To directly answer your question, a company can sue the company (not you) anytime they wish.  When your company is registered the entity sueing will have a difficult supporting their claim.

I wouldn`t lose sleep over it.  The company might need "umbrella insurance" to cover such lawsuits to play it safe.

Glad to hear your progress.  I am into my third year.  I am the 10% that is still in business.  :-)

I wish you the best!  Regards.



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