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When do you need a trademark?

 
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jpcrecom

posts: 1

Jan 18, 2012 5:00 PM ET    Quote  Report Abuse
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My wife is in the early stages of developing a company that will be an event planning/coordination company (largely for weddings and corporate events - as is her background) while also potentially offering a retail side selling products to other event planners. 

 

For the retail side, she hopes to offer a unique design/pattern of goods. 

 

She is adamant that she wants to set up a trademark for the company and associated products "just in case anyone steals her idea', which I don't think is necessary given the costs associated.  I think in this case, she's more worried about someone stealing her "trade name" because that trade name is tied to the retail products she hopes to sell.

 

Say, for instance, her event planning company would be marketed to Scotish people, and the retail product she'd be looking to sell would be various items (ring pillows, garter belts, picture frames, etc) that are all branded with Scotish Tartan themes (her own design, no existing tartans).  So, she would want to name the comapny "Tartan Events", and then the retail arm would be something like "House of Tartan" and then she would sell the products out of that.  This isn't the exact idea, but it's along the same lines.  Is this something that would even need a trademark?

 

I've seen some other posts about trademarking, but nothing that clearly spells out when they are really necessary. 



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Xeoxa21

posts: 32

Jan 21, 2012 10:18 AM ET    Quote  Report Abuse
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Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.



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Fort Collins Kitchen Remodeling | Loveland Kitchen Cabinets
printisnotdead

posts: 47

Mar 08, 2012 12:53 AM ET    Quote  Report Abuse
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Discussions on intellectual property is always a bit complicated. It depends, really, on the scale and the reach of your company. Even with a trademark symbol it is is pretty easy for other people to make something similar to your work and claim it as their own. They just have to be different enough to claim originality. Still, it's a good idea to formally claim a logo or a specific design if you expect it to be a big concern in the future.



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Get UNIQUE business cards and CHEAP postcards here!
cbhattarai

posts: 33

Apr 02, 2012 3:35 AM ET    Quote  Report Abuse
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I have some different thinking. because investing on trade market is really risky, therefore people try their luck on that ...



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Personal Finance | personal finance tips
Patent_Lawyer

posts: 2

Apr 02, 2012 7:35 PM ET    Quote  Report Abuse
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I think there is some confusion on this board regarding patents vs. trademarks.  Remember, a trademark protects a name or logo that identifies your goods and services, i.e. it identifies your brand.  A patent is to protect an invention.



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Los Angeles Patent Lawyer | US Trademark Lawyer
mduffylaw

posts: 5

Apr 02, 2012 7:52 PM ET    Quote  Report Abuse
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Trademarks rights are also very subjective and uncertain. You don't really know the rights you might have in a mark until after a court decision. Review and an opinion by a qualified attorney is highly advisable.



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PA and NJ Business Attorneys
TrademarkSOS

posts: 6

Jun 25, 2012 10:48 AM ET    Quote  Report Abuse
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FREE report on how to use trademarks in marketing materials and on the web.  This is a great resource for marketing professionals and small business owners -- FREE REPORT.


If you have questions on trademarks, please don't hesitate to ask me.





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No company is small enough that it can afford to ignore trademarks. Register your trademark today starting at $149 + Gov't fee.
RossTaylor2440

posts: 56

Feb 22, 2013 3:57 AM ET    Quote  Report Abuse
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Discussion on trading market is usually a little bit difficult. Invest in trade market is actually risky. Basically, the trade market depends on luck. If you're interested to do the trading then you need have a lot of trading knowledge.



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Market Research | Market Report | Industry Analysis
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