I googled myself silly tonight looking for trademarking information. I'm looking to set up my first website (education niche, BTW) with a pretty ordinary 4-word phrase. I checked the U.S. Patent and Trademark site and it appears no one has trademarked this name. Could it be because it's such an ordinary string of words? (Perhaps I don't even need to be concerned about trademarking it?) So, my lingering question is, how necessary is it to trademark a domain name? This gist of what I got during my research is that trademarking is just for businesses selling their own products. Should I not worry about trademarking right now and, instead, wait until I actually have my own products to sell? Or could someone come along and trademark the name and take away my site?
if your site will become very popular you will a have a chance to loose it if you don't trademark registering a trademark will cost you some money, that's why many people can't afford to trademark anything; just because you found someone on Google with a similar name, this doesn't mean that person also registered it as a trademark
A trademark does not have to be a registered trademark to be a legal trademark. It depend on your usage of that trademark and when you started using it. However, registering a trademark allows easier proof of claim if you ever needed to file a suit. The cost to file for a trademark directly with the USPTO would cost between $275 and $375.
If you're serious about this website and plan to grow it to very big, then I'd say trademark it but only after you see visitors.
Take your name and put a â„¢ next to it. That is all you have to do to protect your name at this stage. If you are the first person using that name in commerce then you will have superior rights to use the name. If your business is national in scope then you will acquire your trademark rights over a larger geographic area. You can then register your mark later citing your date of first use. xxxxxxxx.comâ„¢
you mean anyone can use TM as a form of initial protection even if this is not a registered trademark?
TM is for an unregistered trademark. A registered one uses the ® symbol. I'm not sure if you could use it for a .com or text name. Usually trademarks are disinct signs or symbols, like the red Coca Cola or some other company logo. Perhaps what you are looking for instead is registering the word as your company name. Look up "Register Company Name" on the internet.
What is the impact of this TM upon a possible future competitor? Is there a small chance he will stand back?
Probably not, unless you are a corporation with some clout! It might be worth trying to find a trademark registration database and information site. Here is the U.S. one-- http://www.uspto.gov/ The U.K one is a bit more user friendly, with a simple introduction questions and answers section-- http://www.uktrademarkregistration.com/ Trademark laws are pretty much the same everywhere so you can use the European one as a guideline.
Exactly. Using a â„¢ is a way of letting others know that you are claiming a trademark on the term or image. For someone just starting a small project it is the perfect way to protect a name until once decides if the project merits spending money on registration. You will often see major companies like Google putting a â„¢ next to the name of a new product or graphic. It is a way to stake your claim in a mark. You still have to be the first one in the marketplace using the mark to have superior rights to the mark. Trademarks are all about a race to the marketplace.
Thanks for the info here. There's so much to learn! I really thought I'd be up and running with my website by now. Maybe I'm just being overly cautious.
Check for prior usage. If someone else is using this 4-letter word in a similar manner, they are going to have prior rights. A four letter word is going to have to have a usage that is unique - i.e. "Food" for a site about food isn't going to be able to be trademarked, it's descriptive. If you want to start a clothing line called "Food" then that's entirely different (assuming no one else was doing it before you). Think of "Apple" - not able to be trademarked for a site about fruit - certainly able to trademarked for a computer as the usage of the term was unique.
I just copyright all my ideas, this thread makes me want to reconsider that, honestly. But when you trademark a name or site, it's probably the equivalent of marriage or a tattoo in the sense that you're going to live with this trademark for the rest of your life. Perhaps that's why they charge so much.
Why do you keep posting about trademarks when it's obvious you don't have any experience? It's not an annual fee. You have to file again between the 5th and 6th year. Then you file between the 9th and 10th year, and then the 19th and 20th (every 10years). You don't "loose" a trademark if you don't file, your registration expires. You still have common law rights.
I never said I have experience in this field. "as far as i know" should tell you that this was my personal view - even if it was wrong I have the right to express it If I'm wrong then someone like you can correct me. We can always learn from other people.
I would think if your site grows to a level where your making some serious money, you should consult with a trademark attorney. They can be pricey, but it could save you some headaches in the long run.