The trademark tag has no wiki summary.
15
votes
7answers
2k views
Is it worth it to register a trademark for a software product that I am developing?
I am working on a new software product, it is a web-based contact manager and I would like to know if I should register the name as a trademark? is it worth it? and if so, should I do it myself or ...
8
votes
3answers
391 views
Somebody got a trademark for a domain I own. I am planning to launch my service in a week
I have a domain name, (lets call it XYZ.com) which I have owned for about an year and a related service that I have been developing for about an year too. I just searched the trademark database, and ...
7
votes
4answers
2k views
Legal implications of cloning a board game
I want to build an electronic version of an existing popular board game that will use the same game mechanic and follow similar rules, but without requiring a physical board to play or any of the ...
6
votes
3answers
465 views
When (or if) to trademark your startup name?
We are about to launch our new B2C startup (based in Germany targetting the German-speaking market first, including Germany, Austria, Switzerland), but hopefully later expanding to English-speaking ...
6
votes
1answer
184 views
How generic a product name can be?
Let's say I created a software that automates the creation of Joomla CMS templates (this is just an example, I'm not into that). I manage to buy the domain name joomlatemplate.com. Great. But what ...
6
votes
5answers
590 views
Trademarks: do I need to register them in every country?
We are selling a product internationally through our e-commerce based in Hong Kong and were wondering if our Hong Kong trademarks have any legal power in other jurisdictions.
If not, do we really ...
5
votes
5answers
425 views
how to deal with a slanderous website that is using a trademarked domain name
A friend of mine accidentally let the .com domain of their US business expire, and it was snatched up by an unknown person who has a personal grudge against them. The website is now full of slanderous ...
5
votes
3answers
509 views
How to handle Cease and Desist from huge company
I'm wondering what, if anything, my company should do about a cease and desist from a huge company. In a nutshell, we received a letter from a senior attorney to "cease any and all use of the trade ...
4
votes
3answers
177 views
Advice on protecting a business name in the US
There is plenty of material here on when to incorporate in the US for tax or other business reasons, for example:
When to set up the LLC
Worth it to incorporate
When does it make sense to ...
4
votes
1answer
217 views
Is it fair use to use a registered trademark in a comparative statement?
I'm building a service which I'd like to describe through a comparison to another service ( because its very simple to understand from a users perspective and quite catchy ) The service im building is ...
4
votes
4answers
2k views
How to use the trademarked term “iPhone” in a Google Ad?
Let's say I developed a program for iPhone (which I sort of did) and want to advertise it through AdWords. Currently, Google lets you use the term "iPhone" in the keyword list, but doesn't allow using ...
4
votes
3answers
113 views
Domains and trademark issues
When my company first got setup and registered domains, we were unable to get the .com of our company name, as it was already registered. We have all of the other top level domains for our name ...
3
votes
2answers
161 views
Trademarks on company name - would “BodyLife” and “BodyForLife” collide?
I'm trying to understand how similarities in trademarks are dealt with. To take an example (that I used in a previous unrelated question), assuming a trademark existed for "BodyLife", a company ...
3
votes
2answers
216 views
Can I register a domain that includes a registered trademark, such as “firefox-debugger.com”?
I'm planning to build an addon for a platform, can I register a domain name with that platform's name in it?
i.e.
iphone-flashlight.com
firefox-debugger.com
search-onstartups.com
What do you ...
3
votes
1answer
472 views
Once my trademark has been registered, how often do I need to pay a fee/check in on it?
I can't seem to get a straight answer when I call the USPTO
3
votes
4answers
296 views
Am I Infringing on their trademark?
I have a software program launching in approx three months. Yesterday I found out that the desired name of my software is very similar to another company's software product.
Although the products are ...
3
votes
3answers
263 views
Is Android and android the same trademark?
Is the uppercase implementation of Android the only thing that is trademark, like it is with Google or both, because android is in reference to a robot?
If they did trademark both does that prevent ...
3
votes
1answer
777 views
What is the difference between company name, brand and trademark?
I have some ideas that I plans to execute later. But for the moment, I want to "secure" the name, logo etc. of the business. I for one cannot seem to figure out the difference between the company ...
3
votes
1answer
180 views
Is it “fair use” to refer to names of celebrities/cartoon characters in a game?
We have a game that requires players to refer to a list of celebrity and/or cartoon characters by name. The names simply show up in print alone, along with a short, original description of the entity.
...
3
votes
3answers
191 views
Do I have to have the company type in the name?
I'm creating a new startup in DC and corporating as an LLC. Do I need to have Company Name, LLC or am I free to name it just Company Name?
3
votes
4answers
437 views
How does trademark relate to acquiring domain names?
Say I'm able to trademark the word "widgetville" for an online game that I'm building.
But the domain "widgetville.com" (and pretty much every major TLD of the word) are all registered, but just ...
2
votes
4answers
276 views
Is it fair use/protected use to use a registered trademark on my website
We provide software that can measure performance of another company's product which happens to be trademarked (word/phrase - not a symbol). We want to name it specifically.
Is this protected/fair ...
2
votes
3answers
218 views
Semicolon in company name?
I have a great idea for a company name, but it requires the semicolon character ; in order to work. Do you think it would be possible to have a semicolon in the company name? I know dotcom-companies ...
2
votes
2answers
102 views
Trademark for Domain Name
I am currently in the process of building a website and would like to know how I can register a trademark for the name of my website (to avoid possible problems with the competition).
What I am ...
2
votes
3answers
129 views
Is it necessary to use a law firm to file a trademark?
Just got quoted 3k from our legal team to file for a trademark. They cited their search report was much more thorough than what we could do on our own. Anybody filed successful trademarks on their ...
2
votes
2answers
176 views
Trademark infringement - does it really sounds that bad?
Ok, I want to know your opinions on my situation. Ideally I'd like examples and outcomes..
I have company registered as IBATT and domain name was also available (spent tons of time finding this one). ...
2
votes
4answers
265 views
Approach copyright holders to licence IP for my game
I built an electronic version of a popular board game. I got some good responses on avoiding legal issues, but I went ahead and built it anyway, keeping it private for obvious reasons. Everyone who ...
2
votes
3answers
185 views
New Website - Protecting It
We're starting up a new website. We already have the domain registered and we are going to begin development ASAP. We are going to hire someone to put together a logo for us as well as a front end ...
2
votes
2answers
142 views
What if there is a similar named iPhone app already in the app store?
I am about to submit my first app to the Apple app store.
Let's say that it is called "GreatClock". There is already an app on the market called "great clock". There is some variable spelling, ...
2
votes
1answer
144 views
Legally get the TM .COM domain
I have a TM, let's call it 'brandX'.
Is there a way that I can legally get brandX.com domain without having to pay tons of money for it?
Thanks
2
votes
1answer
211 views
How Should I Deal With Intellectual Property
Intellectual property is a subject that has far reaching implications for your business. There are several different types of intellectual property that every business deals with. They include: ...
2
votes
2answers
106 views
Domain / Trademark
I own a phrase, which I have trademarked, and it is registered, and also copyrighted. I'm currently getting a website (somewhat finished). I have some domain names, but the exact one I want, someone ...
2
votes
2answers
258 views
Regarding trade names / “doing business as”
I am looking to form a corporation in the state of New Hampshire, USA. I understand that a company may register a trade name with the state.
As I understand it, all companies require a legal suffix ...
2
votes
4answers
289 views
Can I register as ABCsoft in Canada if there is an ABCsoft in Australia?
I was going to register my company name as "ABCsoft", but I discovered ABCsoft.com is already registered. Can I register as ABCsoft in Canada if there is an ABCsoft in Australia?
2
votes
2answers
164 views
How to protect your trademark in AppStore/Google Play, if they sell in the whole world?
I live in Germany. If I register a trademark here and then submit my application into the AppStore, will it be protected? The trademark will be my app's name.
I imagine that my competition could go ...
2
votes
4answers
272 views
Domain name and trademark
I've recently registered a domain name, but was contacted by a big-name toy company recently, saying my domain name infringed on their trademark. The domain name does contain a toy's name (within the ...
2
votes
1answer
1k views
If the USPTO website has a trademark as “Dead,” can I register it?
I plan to get a trademark registered and I was searching the USPTO website to see if it already taken or not. I figured out the Live/Dead Indicator is "Dead". Does that mean I can get this trademark?
...
2
votes
2answers
274 views
New Android App
So we are creating a new Android App. We'll have a name for it, and a logo, and the specific functionality of the app is something that hasn't been done before (we searched). The app is going to be ...
2
votes
1answer
50 views
Interpretation of phrase “X, namely Y” in trademark?
I have a question regarding how a certain aspect of trademarks should be interpreted in the general sense, but I'll provide some of the specifics of my situation as a concrete example.
The General ...
2
votes
1answer
74 views
Would Android dot net/com/org domain extension violate trademark law?
I have read that android by itself is trademarked by Google but adding words to it such as "android lovers" is deemed legal. So my question is if you purchased a domain name with only the word android ...
2
votes
2answers
104 views
Legal difference between trademark and registered trademark
What are the legal differences between using the two characters ™ and ®?
Does using ™ imply the trademark isn't registered and therefore can be used by one?
2
votes
2answers
174 views
Using brand logos for polls on my website?
I make some polls on my website, like :
What do you prefer Ford Explorer or Toyota 4Runner?
Is such a poll allowed without explicit permission of Toyota and Ford?
Next step:
Can I use their ...
2
votes
3answers
285 views
trademark was rejected for being too close to something else; any possibility of still using it
I had a trademark application that was rejected. The company has a business in a specific part of the country (not what I'd be doing). Is there any chance of using this? Do people do trademark deals ...
2
votes
1answer
166 views
Can I use a derivative of a trademarked name in my product title?
For example, say I develop a piece of software that helps eBay users. Can I call this software 'Ebayer Helper' (note 'ebayer' not 'ebay') or are there potential legal repercussions?
1
vote
3answers
113 views
US trademark law
I came across Microsoft Surface today, and one tiny detail get me thinking.
There is a small "TM" next to the word "Surface", can they do that? Can a common word like surface be trademarked like ...
1
vote
1answer
100 views
When and should you get your company TradeMarked?
When and should you get your company TradeMarked?
I heard that you shouldn't Trademark your company unless it is making money.
What are potential benefits of trademarking your company?
Thanks for ...
1
vote
2answers
136 views
Use a trademark lawyer or register it myself?
I'm debating whether to use a trademark lawyer (at $1300+ cost) or try it register it myself. The most complicated aspect I can see from the USPTO form is describing your goods/services (in that, if ...
1
vote
2answers
208 views
Where to register trademark
I have a site that is really starting to take off and I've noticed people are starting to use the name in ways I don't like. Basically harming the brand..
I want to trademark the name, but have a few ...
1
vote
4answers
843 views
How did Apple manage to get its trademark?
I mean, isn't "Apple" a bit generic ? Could that kind of word still be trademarked in 2010 or would the request be rejected ?
1
vote
2answers
225 views
How can I protect my self legally from illegal content from users on my website?
I am building a web app where users will be able to add content to it. Pictures, texte, video, etc.
I was wandering what would happen if a user puts something illegal. Am I responsable? Or is there a ...
