I've been reading up on it, and I wish to "TM" a particular name (not the one I have listed in my link - another one) yet not file for it at this particular time. I read this saying that I can actually do this (if this is correct). This is taken from: http://www.uspto.gov/smallbusiness/trademarks/faq.html#3 So what I would assume is that.. if a TM is officially filed, it would hold a lot more weight in court. If it's not officially filed, it still holds some weight. So I can use a TM right? (I checked all search engines, nothing coming up with the name I wish to TM). Just checking you legal guru's hoping to confirm that it's alright if I did TM something. Your help is appreciated.
Not a legal guru. Your quoted text is pretty much correct. Considering the time and expense involved it is a valid choice for most of us. Keep in mind that TM are registered by classes. Dove can be a brand of soap and a brand of snack foods both owned by different companies. Realtor on the other hand is a coined name and is unique. A licensed TM of the National Board of Realtors. Unless I had a really unique concept and name I would TM it and do the rest later.
You basically got it right. A trademark doesn't require registration to exist, but having one (and approved at that) will make it easier to demonstrate such. As that link you posted indicates, you can only use the R if the TM application has been finally approved, not while it's applied for and still pending. However, that's only for the U.S. since other countries may treat that differently.
I'm not a pro on this, but will chime in with my few pennies... If the TM is not filed, there is no record so no protections. If it is at least filed, you do have some legal footing to stand on. Another option to protect your name may be filing in your state. In most states you can file for a trademark / servicemark. This normally falls under a DBA (doing business as). It's a legal document and entitles you to certain rights/protections within your state. I live in Ohio, and here is a link to Ohio info. It's been a while since I filed for one of these. If memory serves me correct, the cost was $35. It was a simple form to complete and took about a month to get my approved documents back. If you were trying to protect a domain name, you would need to monitor national/global trademark applications for your name. Then whip out your state trademark and dispute their application. I hope this helps, but remember I am no attorney and I did not sleep at a Holiday Inn Express last night either...
I've heard of people sending themselves emails (Gmail, Yahoo, etc) which includes a timestamp which is outside of their control as proof of trademarking. I'm not sure how well that would hold up in court, but I suppose it's better than nothing at the moment. While I was reading I kept seeing the cost of $300 and something dollars to have a trademark filed. How long ago did you file it? There could have been a cost increase since then, or I could have been reading the wrong info since I'm new to this.
I registered my TM with the state for $35, not on the Federal level. Sorry if my post was confusing. I have a feeling that an E-mail is not a legally recognizable document. But in the case of TM's, that may not matter providing you could prove that you were using the name first. But if someone with the money came by and tried to take your name, I really would want to have an official document on hand to squash their case. It's cheaper to TM a name then it is to defend against someone trying to take it. At a minimum, I would file a trademark with your state. It's inexpensive, plus the document will be registered with a Governmental body. If you are trying to protect a domain, and have an active site, it may be recorded at the Way Back Machine. TM holders typically reference this to show TM dillution, so it would be nice to see it back up ones TM usage as well.
A reason behind that is to try to show when they started using the term or so as a trademark. While IANAL, some lawyers with real-world experience I know would likely tell them they're only fooling themselves doing that. Tell you what: there's an option at USPTO to file an ITU (intent to use) app. Search for it, then be ready to seek legal advice from a licensed professional with real-world experience if/when you're ready.
Both are incorrect. A common law trademark (one that is not filed) absolutely offers legal protection. Emails will be considered in court just like all other evidence.