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Logo, Website Name, Etc how am i protected ?

Discussion in 'Legal Issues' started by Extensive, Aug 31, 2009.

  1. #1
    I am new to all this, I am starting my first tube site ( no adult ) niche concept.

    My site should be finished in the next month or so.

    I do protect myself and my site?

    I am spending money having my logo made, I would build my site and concept.

    I do I copyright or patent or register my logo and site name, concept etc

    There must be a way to do this, I have no idea even where to start.

    I am located in Canada, my site will be worldwide.

    Again, thank you for all your help and advice!
     
    Last edited: Aug 31, 2009
    Extensive, Aug 31, 2009 IP
  2. Y.L. Prinzel

    Y.L. Prinzel Peon

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    #2
    Trademark and service mark laws are unique to each country and very detailed. You must have a truly unique name in order to service or trademark it (think "Kellogg" versus "Awesome Breakfast Cereals"). Taking advice from people on DP or any other internet forum is probably not a good idea, especially if you have something worth protecting. Go see an attorney.
     
    Y.L. Prinzel, Aug 31, 2009 IP
    fathom likes this.
  3. b15ginz

    b15ginz Peon

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    #3
    legalzoom.com
     
    b15ginz, Sep 1, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    The first thing you should do is have a trademark search done to make sure your website name won't be infringing upon an existing usage. It should cost a few hundred dollars as it isn't as easy as just looking at the trademark office.
     
    mjewel, Sep 2, 2009 IP
  5. fathom

    fathom Well-Known Member

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    #5
    It's rather easy to do a mark "name" search yourself online; as for a logo (an image mark) that isn't easy.

    Start however where you will be primarily doing business (I assume Canada).

    http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01369.html

    You are best to file for your own marks which includes a search for conflicts.

    http://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/tmSrch.do?lang=eng
     
    fathom, Sep 2, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    As I said, doing a mark search isn't easy to do yourself. Searching for a registered mark is easy if you are looking for an exact match, but since common law marks are valid, as well as similar, phonetic and foreign spellings - it makes it extremely hard, if not impossible to do yourself. Every trademark attorney uses a trademark search service. There are also international trademarks that are honored under the Madrid Protocol. If you want to register "BlueWidgets", did you think to check for "BluWidgets" "BlewWidgets" "AquaWidgets" "WidgetsBlue" or "BlueWedgets"?

    What about a Mom & Pop business that has been using the same or similar name for years - and don't even own a website. A trademark search looks for businesses by telephone numbers, business license registrations, and other databases. Even professional trademark searches are not a 100% guarantee you won't have problems down the road. It's possible "Perfume Bay" didn't show "ebay" as a possible problems.
     
    mjewel, Sep 2, 2009 IP
  7. scottlpool2003

    scottlpool2003 Well-Known Member

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    #7
    Print it all out and post it to yourself, as soon as the mail man delivers it whollah copyrighted by you!
     
    scottlpool2003, Sep 3, 2009 IP