Trademarking something?

Discussion in 'Legal Issues' started by houck, Aug 14, 2008.

  1. #1
    how can you trademark a name/product/website domain...
    I know you can't trademark common words...

    how can you trademark a name?

    and

    what can and can't be trademarked?
     
    houck, Aug 14, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Oh? Then why are there Tide detergents in the supermarket and Shell stations
    for loading up gas?

    Anyway, practically any word can become a trademark as long as it isn't being
    used in its descriptive sense. You can't have Apple as a trademark for sellling
    a basket of fruits, but you can use it to sell maybe fire extinguishers.

    You have a trademark when you use the term to commercially identify its only
    source. If you're using Apple to sell fire extinguishers, you have a trademark.

    One question, then, becomes how to show when you first started using it as a
    trademark. That's where filing an application at the relevant jurisdiction comes
    into play, and hopefully it does get approved to become a registered mark or
    so.

    IANAL, but one who just happens to be keen on these things and learned this
    the hard way from a bunch of lawyers who drilled them through my hard head.
    (And if you're reading this, Deena, feel free to correct me if I made a mistake
    somewhere...)
     
    Dave Zan, Aug 14, 2008 IP
  3. houck

    houck Active Member

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    #3
    oh, I get you... thanks for correcting me... (gotta love forums, places to learn! xD)
     
    houck, Aug 14, 2008 IP
  4. DeenaEsq

    DeenaEsq Peon

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    #4
    No need for correction Dave, you got it exactly right...

    If you need more information on how to file a trademark, the USPTO (www.uspto.gov) has a very easy tutorial on their site and an easy to read FAQ. I recommend, based on recent TTAB (which is the trademark appeals board) rulings that you have an attorney file for you, but you aren't required to do that. You can file as a layperson.

    Let me know if you have other questions.

    Deena
    _____________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 15, 2008 IP