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Make sure you trademark your name if its a good one!

Discussion in 'Legal Issues' started by DJV, Aug 16, 2013.

  1. #1
    I have a name in which I am starting a business around. Come to find out someone was cybersquatting on the social media pages with this name. The major social media companies would not even give me the time of day when I wrote multiple times saying "I own this name" please release the social media names back to me.

    Well when they magically recieved a legal letter stating that I ALSO owned the trademark for the name, magically the social media names were released to me the very next day.

    Its amazing how strong a trademark can be for you.

    So if you have a a great name and going to market it, please, please, please file a trademark on it as soon as possible!
    DJV, Aug 16, 2013 IP
  2. bluebenz

    bluebenz Active Member

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    #2
    Great post,
    but how do we trademark the name?
    I mean, the process ?

    Also, local and international trademark make things harder, right ?
    In social media probably easier to claim that a name is us, in local branding like local newspaper ?
    bluebenz, Aug 16, 2013 IP
    Alin Alex likes this.
  3. Alin Alex

    Alin Alex Active Member

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    #3
    I would also like to know that.Just in case i ever gonna need it.
    Alin Alex, Aug 16, 2013 IP
  4. DJV

    DJV Greenhorn

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    #4
    I am in the United States and our trademarks are pretty strong. International trademarks can be tricky and expensive. To file a trademark in the USA you simply go to the website of the US Patent and Trademark office :

    http://www.uspto.gov/

    You fill out the application online for your trademark. BUT first you must see if your name is already in the process or taken. I would hihgly encourage going through a attorney to file one. There are attorneys out there that specialize in this!
    DJV, Aug 16, 2013 IP
    Alin Alex likes this.
  5. Superian

    Superian Member

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    #5
    In the UK, you need to go through the IPO. Pretty simple to do and go through the process and Twitter, Facebook etc all adhere to it when you issue them with a trademark violation - you will get your brand name back.

    www.ipo.gov.uk
    Superian, Aug 16, 2013 IP
  6. hockeystick

    hockeystick Greenhorn

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    #6
    Your name may not be protected by trademark unless it is unique enough. You can't use general English words. For example, buy.com couldn't trademark buy. So research whether it is possible before wasting over $300 register a trademark.
    hockeystick, Sep 13, 2013 IP
  7. mrarmyant

    mrarmyant Greenhorn

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    #7
    So you don't get money back if the trademark is deemed to general (in the US)?
    mrarmyant, Sep 25, 2013 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    A bit late: while it's true you can't use a "general English" word as a trademark in its general English context, you can still do that if you use the word beyond that context or in a distinctive way. Apple uses that for electronics rather than the fruit, Shell for petroleum rather than the mollusk, Tide for detergent rather than the waves, etc.

    Depending on where you live, see your local trademark office for details.
    Dave Zan, Sep 25, 2013 IP
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  9. browntwn

    browntwn Prominent Member

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    #9
    Precisely.

    Also, Buy.com can, and did, trademark their full domain name "Buy.com". While they cannot claim the exclusive rights to the word "buy" they can and did protect their domain name, which along with the topic of the thread, would help them keep others from using "buy.com" as a name on a social media account.
    browntwn, Sep 25, 2013 IP
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  10. Vedmak

    Vedmak Greenhorn

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    #10
    If person had social accounts prior to you trademarking, and was using them, legally, you do not have a leg to stand on.

    Even if they did not, if person is not competing with you (ie. different industry), you would be unlikely to win name argument in court.

    As very simple example look up nissan computers vs nissan automobiles.
    Vedmak, Oct 10, 2013 IP