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Trademark a Business Name

 
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JoelMarcey

posts: 55

Aug 17, 2007 10:59 AM ET    Quote  Report Abuse
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Hello all,

I am sure I will be pointed to links already discussed on this forum, but after a quick cursory search, I didn`t see this question asked. So I will ask it.

I have secured the domain name for my business -- and the domain name will be the same as my business name. I know that securing a domain name means squat legally. I have done my own search and I don`t believe anyone else has the same business name as me.

I have heard conflicting stories about whether I should trademark my business name. Is it true that "use" can imply a trademark? I didn`t think so.

What have other people done with respect to trademarking a business name.

Thanks.

P.S. I will have a logo and possibly a tagline, but I am not worried about those just yet.

TRJoel2007-8-17 11:23:58
MNGrillGuy

posts: 236

Aug 17, 2007 11:14 AM ET    Quote  Report Abuse
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Use does in fact give you rights if it is not previously registered.  If someone were to trademark the name after you have already used it you are allowed to continue to use it in all the geographical areas for which you had been using it.  But you can not expand.  This is my understanding anyway.  "Use" is the tricky part.  Just existing does not pass for useage.

-------------------------

Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--
JoelMarcey

posts: 55

Aug 17, 2007 11:23 AM ET    Quote  Report Abuse
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Thanks for the reply. Ahhh -- so just because you register a domain name, which, some might say, has global reach, that does not warrant "use". Yes, tricky.

wordwarrior

posts: 25

Aug 17, 2007 3:39 PM ET    Quote  Report Abuse
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I have found another situation. I found that my business name.com was OK to be registered--no one else had the name. I didn`t trademark the name. Last week I found on a Google searchthat my business name came up as part of a advertisement for another website (without the .com). Now because I didn`t trademark the name (I`m not sure yu can trademark as business name like mine--business builders coaching.com) I can`t object.

What we need is a legal opinion--does anyone know--legally?

Thanks,



-------------------------

Leslie,your business doctor
MNGrillGuy

posts: 236

Aug 17, 2007 4:34 PM ET    Quote  Report Abuse
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You can object only if you become registered.  But I think they can still operate, just not expand. 
MNGrillGuy2007-8-17 16:36:0


-------------------------

Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--
JoelMarcey

posts: 55

Aug 22, 2007 3:01 PM ET    Quote  Report Abuse
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Is it fair to say that most people who start their own business trademark the business name before opening up shop?

In my case, I will be running an online business. Should I trademark the name of my company before I open the web site out to the world? Or even more paranoidly, should I even mention the name of my company before I trademark for fear someone trying to trademark it before me? (I know, I know, I may be getting way to paranoid -- but things like that happen with domain names and such)

Thanks.

calvin

posts: 39

Aug 25, 2007 4:55 PM ET    Quote  Report Abuse
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Is it fair to say that most people who start their own
business trademark the business name before opening up shop?


In my case, I will be running an online business. Should I trademark the
name of my company before I open the web site out to the world? Or even
more paranoidly, should I even mention the name of my company before I
trademark for fear someone trying to trademark it before me? (I know, I
know, I may be getting way to paranoid -- but things like that happen
with domain names and such)


Thanks.



I`m on the same boat you`re in. I just incorporated and am having a logo
designed. I`m not sure if I need to get my name, or my logo w/ my name
trademarked. Or am I supposed to have both items tradmarked?

hmmm....



-------------------------

calvin1214@hotmail.com

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