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Should I buy Trademarks?

Discussion in 'Legal Issues' started by scott2342, Mar 11, 2017.

  1. #1
    I'm launching a business soon and would like to know if buying trademarks will be necessary? I know similar businesses have registered trademarks so I need to know if it would be a wise idea for me to do it also.
    SEMrush
    Thanks
     
    scott2342, Mar 11, 2017 IP
    SEMrush
  2. bae

    bae Active Member

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    #2
    You should at least do a trademark search to make sure another business doesn't already have an identical or similar trademark for your product or service.

    As for buying trademarks, I think it would depend on your business, your geographic area of operation (for example large website or small kiosk in a mall), how much peace of mind you want, and if you have the money. There is a common law trademark which doesn't require registration (buying), but offers very limited protection.

    You can probably get a free consultation from an attorney to help you decide. They will likely encourage you to get one, so be sure to do some research online ahead of time and ask the right questions.
     
    bae, Mar 13, 2017 IP
    Dynadot likes this.
  3. jrbiz

    jrbiz Illustrious Member

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    #3
    Not sure what country you are based in but here in the U.S., there is no cost to affixing a TM to any product name that you are claiming to be unique and worthy of your protection. Start doing it today, in fact.

    Getting a Registered Trademark <R> designation requires an application to the U.S. Patent & Trademark Office (USPTO). I am not sure if there is an application fee for this, though if you use an attorney, there will that cost, of course. Note that you cannot receive a Registered Trademark from the USPTO until you have been trademarking the name for two years prior (at least that was the time period last time I checked) so you need to start off with a standard trademark at first, anyway.
     
    jrbiz, Mar 13, 2017 IP
  4. qwikad.com

    qwikad.com Illustrious Member Affiliate Manager

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    #4
    Don't you have to have an attorney to actually successfully trademark a business or a product? It's not like they are giving trademarks like candy to anyone who applies. The approval process may take a long time too. So yes, if it's worth trademarking it you should start it right away, so that 6 months to 2 years down the road you'd be approved.


     
    qwikad.com, Mar 14, 2017 IP
  5. scott2342

    scott2342 Member

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    #5
    In the UK you just apply for it online via the .Gov website. It will be about £510 to trademark what I need, that's a lot. However I would like to know what someone can do if I don't trademark. I don't think owning the .com domain will mean anything. It might be something that is pointless but also something that might help alot if the website becomes popular
     
    scott2342, Mar 14, 2017 IP
  6. jrbiz

    jrbiz Illustrious Member

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    #6
    The thing about trademarks is that they are only as good as your legal wallet is deep. Just because you have a trademark does not mean that the government is going to step in when someone else starts using it. The courts will need to decide on any such dispute. So, only if you have the resources to litigate any trademark infringement will it mean a lot. And, it will also depend on who is doing the infringing. If Microsoft decides to infringe on your trademark, they can put a legal team of 20 lawyers on the case. Not saying they will do this, but just adding a bit more perspective on trademarks. That said, I trademark a lot of things (simply affixing the TM to names/brands) all of the time as a marketer.
     
    jrbiz, Mar 14, 2017 IP
  7. cerno

    cerno Active Member

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    #7
    The main issue to concern yourself with is whether or not your business name and usage conflicts with any other existing business.
    Do a trademark search and search online and see if anyone is using your name already.
    If all your research is clean then use the name and put TM next to it.

    Once you are using the business name and announcing it is your trademark you effectively have a trademark, its just not registered.

    The problem with spending a few hundred to register a trademark is that you are then required to defend it by litigating against anyone infringing on the trademark, otherwise you lose the trademark registration and end up in a worse position than if you never registered, at least this is what I read online recently.

    If your research shows other businesses using the same name, or similar name, to the name you desire, the situation is much more complicated depending on the business type and whether they have a registered trademark for specific products or services.
     
    cerno, Mar 14, 2017 IP
  8. scott2342

    scott2342 Member

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    #8
    I've searched for Trademarks and there is no one using my name or anything similar. Interesting point about just using the business name and just put the TM next to it. What happens if someone comes along after and decides to register the trademark? If they get it approved do I have to stop using it? Or will I have to prove that I've been using the name before them
     
    scott2342, Mar 14, 2017 IP
  9. jrbiz

    jrbiz Illustrious Member

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    #9
    In the U.S., such a dispute would end up in court. Ultimately, the company proving that it has been properly using the trademark first will win, if it can last through the cost of litigation.
     
    jrbiz, Mar 15, 2017 IP
  10. scott2342

    scott2342 Member

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    #10
    I think from reading other sources that it's best to trademark your name/brand at the start. Apparently proving that you've been using it first etc can be difficult. It might be something that is never needed but you just don't know. Last thing you want is for someone to come along shortly after and register your trademark and cause hassle. Looking at it, for the correct classes and the trade marks I'd need it would be £510 all the way up to around £810 to get the additional classes. It's a lot of money :/ As my business is something that's I'm hoping to be quite popular and not just a small local business it's needed I think. Most of my other businesses have never needed them due to it being not something I've put a lot money in or that they are only ever small or just local business.

    It's a shame as I'm about ready to launch the site however don't really have the money for these trademarks... Makes me think, If I haven't got the money for trademarks is it a good idea to be launching a site that will requite more financial input.
     
    scott2342, Mar 15, 2017 IP
  11. gatwickjames

    gatwickjames Active Member

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    #11
    £200 to the ipo and £50 per class
     
    gatwickjames, Jun 5, 2017 IP
  12. Jeff_from_NJ

    Jeff_from_NJ Peon

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    #12
    The answer above from the US is wrong. There is a cost to file a trademark application, if you do it yourself it is not that much, but their is a cost. The decision to do it however rests with the value you place on the name and the ultimate use you will have. If you plan on having a mega company where people will know your name and buy products based on the goodwill attached to your name, yes, you should trademark and protect yourself. If you plan on selling lemonade on the corner and nobody cares if you have a name or not, the value of going through the efforts are reduced.

    Bottom line, decide how important it is for you to keep that name and fight off others that wish to call themselves the same name and you can answer your own question.
     
    Jeff_from_NJ, Aug 10, 2017 IP