Trademarks

[Savizzaviz]

I was just wondering about trademarks, as I'm sure you could tell. :D

I would like to know how exactly they work, how much they are and if there is a place were I can see a list of already trademarked names.

I would doubt anyone would just know this stuff so a link to a site would be nice... unless you do know.
Thanks :D

[kevin]

You can start here: http://www.uspto.gov/web/menu/tm.html

[kaori]

a few more for you to try...

http://www.ggmark.com/
This site provides a good overview of trademarks and the procedures required to obtain them. It also gives a wide variety of US and international trademark links.


http://www.aipla.org/
The American Intellectual Property Law Association, an organisation devoted primarily to patent, trademark, and copyright issues, with a definite, "patent-heavy" focus.


http://www.inta.org/
The International Trademark Association, is the largest and most influential organisation in the world devoted exclusively to trademarks, and trademark law.

[Savizzaviz]

aahh...
It's like they are trying to confuse me... :confused:

Okay, maybe someone could explain this to me in English.
I have started a web site with 5 of my friends and we have given ourselves a "company name": As Yet Untitled, Inc.... Now thats not the site name, just something we came up with so we might sound a bit more... professional... But with a site called Wackiness.org, I guess that would be pretty hard. :D
Anywho... It sounded to me as though just using the name would give me a trademark on it... Is that so? If so, how about the ®? Would that just be given or would I have to pay for that? And furthermore, do copyrights have a different simbol if you register it?

[fredricknish]

Have a look at this thread Savizz.

http://www.htmlforums.com/showthread.php?threadid=11110

[Savizzaviz]

Hmm... Well just to make sure...
So I can use As Yet Untitled, Inc. as my company name and place a TM next to it. Right?

[fredricknish]

Originally posted by Savizzaviz
Hmm... Well just to make sure...
So I can use As Yet Untitled, Inc. as my company name and place a TM next to it. Right?

From what Jason said earlier in a post I think u can use a TM if your gona register it or if your in the process of registering it.

[Savizzaviz]

Hmm...
Okay. I was thinking about registering it... But then again, I couldn't find how much it would cost. Would anyone happen to know?

[fredricknish]

Originally posted by Savizzaviz
Hmm...
Okay. I was thinking about registering it... But then again, I couldn't find how much it would cost. Would anyone happen to know?

Where do you live? Your in the US? Ok if your in the US then you can apply online at http://www.uspto.gov/teas/index.html

The Fee depends on what your gona do.Here is the Current rates for Trademarks registration http://www.uspto.gov/web/offices/ac/qs/ope/1999/fee20011001.htm#tmfee

[Savizzaviz]

AAH!!
Now that is confusing...
All I want to do is use the name on my sites as a company name. I guess all I really want to do is beable to call the "company", or my group of friends, that own the site to be called As Yet Untitled, Inc. I don't need it for anything else. I don't really know what I would have to get to do that though.

Oh yeah, and I live in Minnesota, USA.

[fredricknish]

Originally posted by Savizzaviz
AAH!!
Now that is confusing...
All I want to do is use the name on my sites as a company name. I guess all I really want to do is beable to call the "company", or my group of friends, that own the site to be called As Yet Untitled, Inc. I don't need it for anything else. I don't really know what I would have to get to do that though.

Oh yeah, and I live in Minnesota, USA.

Ok,I guess you dont need anything.Just call it a company:D.If you dont want others to use your name then get a Trademark.

[Savizzaviz]

Okay, Thanks Fred :D
I gave you some karma for all the help you have given m today... Thanks again :D

[kevin]

I don't think you can call yourself or your company a corporation (Inc.) if you're not incorporated. Incorporation varies greatly from state to state, some states are very easy to set up a corporation while others demand a pound of flesh. If you're not planning on using Inc. then don't worry about it.

If you are going to setup a real buisness, you need to get a buisness license, you do that in the county where you live. If you are going to use a ficticious name you need to get a ficticious buisness license and follow the requirements which are generally publishing the new buisness name in a local newspaper for X amount of weeks, again this fee varies greatly from newspaper to newspaper so shop around.

Call the buisness licenses dept. of the county you live in and they can direct you on all procedures.

After you get all that done you can worry about a trademark, which is really not necessary but can be beneficial if your buisness starts to become well known and successful. You are getting ahead of the cart right now maybe. Start at step one and apply for your buisness license which will give you certain banking priveleges and tax benefits.

[Savizzaviz]

Hmm...
I mustbe getting ahead of myself here. I really don't think at our current position that five 15 year olds can start an actual business. I guess all I am trying to do is see if anyone can sue me for using the name that I have chosen to be our company name. This company name is just to make the site seem a little bit more... professinal. I really don't intend to start a business at the moment, though it might be an interesting idea if this site does progress further.
So thanks for the help anyway kevin, I might be able to use this information in the future. :D

What is this about not using the Inc.? Is it illegal to do so without a leagal something-or-other?

[spaz109ca]

Hey Savizz, I think it's fun to just "pretend" that you have a trademark or a copyright. At the bottom of your page put:

Wackiness.org™ Trademark 2001-2002
®All Rights Reserved

or

Wackiness.org© Copyright 2001-2002
®All Rights Reserved

[Savizzaviz]

Thats true spaz, I got this already:
Copyright © MMII As Yet Untitled, Inc. All rights reserved. See copyright notice (http://www.lunarpages.com/savizzaviz/copyright.html) for details.

See the thing is that I dont want to be doing anything illegal... Or at least something that anyone cares about. As far as I know, what I have now is perfectly legal and legit, I just don't want to add anything that is not "allowed."

[fredricknish]

Originally posted by Savizzaviz
Hmm...
I guess all I am trying to do is see if anyone can sue me for using the name that I have chosen to be our company name. This company name is just to make the site seem a little bit more... professinal. I really don't intend to start a business at the moment, though it might be an interesting idea if this site does progress further.
So thanks for the help anyway kevin, I might be able to use this information in the future. :D


I would say dont use TM or Inc if your not gona register it.If you dont register the name and then use a TM for it then someone could sue you if they have a TM for your name.

[Savizzaviz]

Wait, could they sue me anyway for using there TM'd name even if I don't say I have it TM'd?

[kevin]

How many times do you ever hear about trademark infringements being brought to court? It is rare...I wouldn't even worry about it at all....you would most likely be asked to stop using any copyrighted/trademarked material long before a lawsuit was ever filed. Satirical use of a tradmark is legal, as long as its pretty obvious that it is satire.

[Savizzaviz]

Thats good...
How exactly would I make it look "...pretty obvious that it is satire?"

[Josh AKA Limp]

so is using JMProductions Copyright© illiegal(bleh)?

[Savizzaviz]

As far as I know it is not... Or at least they wont do anything about it.
I do know for a fact, though, that the © part is legal.

[fredricknish]

Originally posted by Josh AKA Limp
so is using JMProductions Copyright© illiegal(bleh)?

You can use Copyright © to protect your images and content in your site but you cant claim a copyright for the name JMProductions.

[Josh AKA Limp]

so how could i arange it, to not put a copyright on the JMProductions, but on my pics and info, all rights reserved?

[fredricknish]

Originally posted by Josh AKA Limp
so how could i arange it, to not put a copyright on the JMProductions, but on my pics and info, all rights reserved?

"Copyright © 2002 JMProductions.All rights reserved" would do the trick.If you want you can add a copyright notice or a copyright policy saying that you are the owner of all the images and content in the website and you can also say that if anyone thinks that you have copied or using someone else's copyright material they can mail you and let you know abt it.

[Josh AKA Limp]

thnx fred!

[spaz109ca]

I highly doubt anyone would trademark sk8boarding Animations/Movies, so I guess I could do that.

[Josh AKA Limp]

lol

[Savizzaviz]

I still have a few questions about Inc.
What does it mean exactly to be incorporated? Also, would this cost money to gain this statis? I noticed that Big Resources has the Inc. so does it have anything to do with being a group of different sites or something? Because at my site I am planing on having a bunch of different subdomain and there will be at least 6 people working at our site. Would that count as a corperation or do you have to make a certan amount of money or something? There must be some advantage in have the statis if you don't just recieve it when you pass a certain level or something otherwise why would large companies even care about getting a Inc. in there name... Though I guess I just want it because As Yet Untitled sounds kind of stupid just by itself. :D

[fredricknish]

Originally posted by spaz109ca
I highly doubt anyone would trademark sk8boarding Animations/Movies, so I guess I could do that.

lol

The copyright owner of the movies would be the guy/gal who made them,so you cannot trademark them.

[spaz109ca]

I made them ;) ;)

[fredricknish]

Originally posted by spaz109ca
I made them ;) ;)

I doubt that :D

just jk

I think you cannot get trademarks for for videos.

[spaz109ca]

notice the clever positioning of ;) ;)

Of course I didn't make them! I was just jokin wit ya!

[fredricknish]

Originally posted by Savizzaviz
I still have a few questions about Inc.
What does it mean exactly to be incorporated? Also, would this cost money to gain this statis?

Originally posted by kevin
I don't think you can call yourself or your company a corporation (Inc.) if you're not incorporated. Incorporation varies greatly from state to state, some states are very easy to set up a corporation while others demand a pound of flesh. If you're not planning on using Inc. then don't worry about it.

If you are going to setup a real buisness, you need to get a buisness license, you do that in the county where you live. If you are going to use a ficticious name you need to get a ficticious buisness license and follow the requirements which are generally publishing the new buisness name in a local newspaper for X amount of weeks, again this fee varies greatly from newspaper to newspaper so shop around.

Call the buisness licenses dept. of the county you live in and they can direct you on all procedures.


From Kevin's post in the first page.

[Josh AKA Limp]

lol spaz... you just cant win:D ;) :P

[spaz109ca]

He wasn't talking to me :doh:

:rofl: Who's got the last laugh now?

[Darren]

In short terms -

Registered Trademarks ®™

Trademarks is a legal registered symbol, that states that
you are the fully owner of a particular product name,
company name, logo, etc. This is to protect certain Brand
values your company might have, so that no other company
can claim or misuse what is rightfully yours.
Trademarks are commonly used for names or symbols/logos.

Trademarks can also automaticly mean income. If your brand
is of such a value that other companies would want to
include it with some of their products, in a kind of
marketing procedure, this will automaticly go under your
company's license agreement, which might state that by
using your Trademark the user must pay an annual fee of
US$ X.X, or other arrangements you might have written in
your license agreement. The issue is, that you are the
Trademark owner, and companies must apply for a permission
to include/use it. That is doing it the legal way.

For a registered Trademark use the symbol ® or the
Registered, U.S. Patent and Trademark Office.

Registering a Trademark, and the cost I would suggest you
get in contact with the U.S. Patent and Trademark Office, I
think they would be more than happy to send any kind
materials you might need that will answer your questions.

Unregistered Trademarks ™

An unregistered Trademark means that third-parties are allowed to use your Trademark without restrictions.
In this case use (TM) for an unregistered Trademark.

Copyright ©

Copyright will protect any materials produced/manufactured
by your company.

Hope this will guide you on your way
Good luck

Darren

[fredricknish]

Darren :thumbup:

[Savizzaviz]

So just to be perfecly clear...

I cant use ®™ or ® unless I have it actually registered legaly and all...

But I can use ™ anytime... Even though other people will get to use it...

Right?

[Darren]

Correct.

Not using the Registered and just using the TM, will mean
your Trademark is unregistered, so other companies may
use this Trademark without your permission.

Other companies can however register your unregistered
Trademark, which means you may no longer use this
Trademark without the legal Trademark owners permission.

Therefor it is allways best getting a registered Trademark,
then your "something" is legally and rightfully yours,
but registered Trademarks has got a finace issue attached
with it.

I know it is very confusing, but I hope this answers
your question.

Darren

[Savizzaviz]

Thanks Darren :D

By the way... Do you know if there is some big master list of registered tradmarks anywhere? Preferably online.

[Darren]

Your welcome Savizzaviz

I don't know where you can get a list of Trademarks,
but there must be a database outthere, which you should
be able to search through. Mayby you can get a list from
a local Patent office near you, eventhough I would think
the list will be huge.

Darren

[entimp]

As per the Berne Convention of 1886, and the Universal Copyright Convention of 1952.

States that a copyright notice merely draws attention to the fact that the (copyrighted) item has the benefit of a copyright. In the eyes of the LAW copyright (as an interllectual property right) exists as soon as the item is created.

Thus, if you place a copyright sign on your goods, art or web page or NOT makes no difference!!! It is copyrighted on creation.

For example if a written statement of copyright meant anything your browser would not be allowed to display copyrighted web pages. At least not without getting prior permission first. Does your browser do this? No it doesn't. So what I am saying is that by stateing copyright such as this found at the bottom of this page:

Copyright ©2000, 2001, Jelsoft Enterprises Limited.

really means nothing at all as the only way of forcing the copyright for example and stoping a browser from displaying a copyrighted page would be to obtain an injunctive order from the court.


Ackkk did that makes sense??? Sorry if it didn't.

[kevin]

Of course technically you are correct, it is not legally necessary to post a copyright statement to enjoy copyright protection, but in the case of webpages, there is an implied permission to view/copy/store the pages to a persons computer to view them otherwise the internet would be useless as a means of open and free communication.

[Savizzaviz]

Thanks entimp, but I did already know that for the most part, but I guess that can help other people that are wondering. The one I really had trouble understanding was the Trademarks, which I think that I got now.
So thanks everyone for your help and imput.