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Should I trademark my website?

Discussion in 'Legal Issues' started by scott2342, Nov 10, 2017.

  1. #1
    Hi,
    SEMrush
    I'm interested in protecting my website using a Trademark. I'm looking at trademarking my name, name with spaces and domain name.

    Looking at the different classes I'd be looking at 16,35,36 and 41. I wouldn't need 25 as of yet. This is looking on the GOV site for the UK.

    Does anyone have any experience with Trademarks? If so what trademarks should be used for a Business/Marketing Content related website?

    I thought
    35 - Advertising, business managment and retail services
    36 - Financial and Retail estate services
    41 - Education, entertainment, sporting and cultural activities

    Help would be appreciated!
     
    scott2342, Nov 10, 2017 IP
    SEMrush
  2. usasportstraining

    usasportstraining Notable Member

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    #2
    If it's a brand that you've heavily invested in then sure, I'd say it would be worth it. Is it a unique word(s)?
     
    usasportstraining, Nov 10, 2017 IP
  3. dragoshs

    dragoshs Active Member

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    #3
    not necessary but like usasportstraining said, if you invested a lot of money into your bran then it's a must. for your business safety sake
     
    dragoshs, Nov 10, 2017 IP
  4. scott2342

    scott2342 Active Member

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    #4
    I've invested quite a lot of money and yes it's unique. As at the moment I'd just like to protect it in the sense of online. What class do you two recommend? It's a content website, forum etc. 16 and 25 are printing and clothing. But the others I've listed: 35 - Advertising, business managment and retail services
    36 - Financial and Retail estate services
    41 - Education, entertainment, sporting and cultural activities

    Which of those would be most suited. Also what is your opinion on trademarking the name, name with space and the domain name? I've seen a similar content website to mine do they same thing.

    Thanks
     
    scott2342, Nov 11, 2017 IP
  5. usasportstraining

    usasportstraining Notable Member

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    #5
    Definitely, if it's an unusual word(s), such as "google", you should treated as a brand and then trademark it. Not that you'll necessarily get to where Google is in size, but you never really know for sure. Could you imagine if Google forgot to trademark their name? Yikes!

    You should get legal advice. I don't know if you have Avvo.com in your country, but it's a cheap way to get legal advice, even if not binding. I don't know much about registering for trademark specifically.

    I would just use the one or two "words" that you've made up, not any dashes. If they are in common usage then don't bother with trademark. That's my 2 pence.
     
    usasportstraining, Nov 12, 2017 IP
  6. scott2342

    scott2342 Active Member

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    #6
    They're common words but has potential to be used as a phrase. Do you have any idea on which class I should be trademarking in?
     
    scott2342, Nov 12, 2017 IP
  7. usasportstraining

    usasportstraining Notable Member

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    #7
    If those 3 choices are the closest available then I think 35 sounds best, kind of a marketing bit. I wonder if it matters in the end. But I'd talk with a lawyer before spending the money on registering. In the US words in common usage are very tricky to trademark, as far as I know.

    I remember Sting sued a guy and lost a number of years ago, who had sting.com already (he was a gamer and that was his name). I don't think there was any trademark involved either. Now if Sting came up with Boopydoopydada for a name, then I think he may have one.
     
    usasportstraining, Nov 12, 2017 IP
    scott2342 likes this.
  8. arnold2001

    arnold2001 Active Member

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    #8
    It is very unlikely that you can trademark a common name or number, unless it gains a secondary name in which case you may be able to use for that particular good and service at the exclusion of others. If you are thinking of trademarking 35. That sounds retarded. If you are thinking of trademarking 35.com, then that is special, there is no such thing as 35.com in everyday language.
     
    arnold2001, Mar 29, 2018 IP
  9. gutterboy

    gutterboy Member

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    #9
    I don't believe you can trademark a "website" per se, just your business name and logo or other things like slogans etc. If you want to get it right I would recommend you speak with a trademark attorney about this and get them to handle it; not only will they handle the whole process for you and advise you along the way, but they can also help you get it protected under all the correct classes etc...
     
    gutterboy, May 17, 2018 IP