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Press Release & Trademark

 
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abc1111

posts: 88

Dec 24, 2007 8:27 AM ET    Quote  Report Abuse
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I am about to submit a massive Press Release using PRWeb. I have not protected my brand since we are just launching it.
 
Would you recommend to absolutely protect the brand with trademark before sending any Press Release or to wait until the brand get a bit of recognition in the market place?
 
 
MdcnMn

posts: 44

Dec 26, 2007 1:18 PM ET    Quote  Report Abuse
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I think you should protect what you have prior to publlic exposure. 

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"Vinni, Viddi, Vicci"
KevDev

posts: 96

Dec 26, 2007 4:13 PM ET    Quote  Report Abuse
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To put a very complex topic into a very brief summary:

There are two levels of trademark protection. The first level is when you believe you are the first to use a mark in identifying a product, and you want to claim that mark as yours. You can immediately, and without cost, put the ™ symbol next to the identifying element as notice that this mark is yours.

The second level is to register your mark with the Patent and Trademark Office. Trademark registration is moderately expensive (about $350), and gives you an easier time proving the mark is yours and seeking damages from infringers. Once registered, you can mark your trademark with the registered symbol ®.

For more information, the Patent and Trademark website (www.uspto.gov) explains things in great detail.

Good luck!

KevDev12/26/2007 4:17 PM


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GrillCharmer

posts: 621

Dec 27, 2007 4:08 PM ET    Quote  Report Abuse
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Yep, I`ve got to agree with KevDev.  Use (tm) NOW.  You can also register w/ your state pretty expensively, but the real protection comes with the Federal Trademark. Federal trumps all.

 



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Leslie
Founder and President
Charmed Life Products LLC
Grill Charms™… The MUST HAVE grilling accessory that is revolutionizing the American Cook-out AND The perfect gift for any occasion!
Grill Charms
                                                                                                    
dMCJ

posts: 2

Dec 27, 2007 8:26 PM ET    Quote  Report Abuse
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The best thing to do is to file an "intent to use" trademark application. This costs a bit more, but it gives you a filing date that actually predates the use of the mark in interstate commerce. If you don`t want to or can`t do that now, but your business strategy depends on issuing the press release immediately, I would not suggest waiting. I would issue the press release and file the trademark application as soon as you can thereafter. In any case, the sooner you actually start using the mark in commerce the better since a federal trademark registration simply confirms already existing trade rights that begin to accrue when the mark is used in interstate commerce.
 
I am an attorney but this is not legal advice -- just some things for you to consider. If you need a trademark attorney, I`m not accepting new clients right now but I may be able to refer you to someone who can help you.
 
dM


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Donna Maria Coles Johnson, Esq.
Chief Executive Indie
Founder & President
Indie Business Media
http://www.indiebusinessblog.com
patentandtrademark

posts: 1332

Dec 29, 2007 11:19 AM ET    Quote  Report Abuse
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earlier trademark filings are generally preferred.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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