SitePoint Sponsor

User Tag List

Results 1 to 8 of 8

Hybrid View

  1. #1
    Headed Home! KM Richards's Avatar
    Join Date
    Feb 2007
    Location
    I'm right Here!
    Posts
    707
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Trade Mark, or Service Mark?

    Has anyone ever applied, and sucessfully obtained a Trade Mark or a Service Mark?

    I have a phrase that I use for business that I'm thinking about making mine, legally.

    Anybody know what something like this costs?
    And, what's the difference between a Trade Mark and a Service Mark anyway?

  2. #2
    SitePoint Guru
    Join Date
    Sep 2003
    Location
    Northern California
    Posts
    605
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Trademark generally is for products and IP. Service mark is for services. To protect a phrase, use trademark. After it is registered with the USPTO, you can use R instead of TM, but you don't have to register it to claim/prove ownership. Recommend you browse amazon for books on trademark law

  3. #3
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
    Join Date
    Aug 2000
    Location
    Philadephia, PA
    Posts
    20,578
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    If you want to protect a trademark, you also need to start enforcing it. That means taking legal action against people that use your mark, or else you could lose it. It's a right that comes with a price.

  4. #4
    Headed Home! KM Richards's Avatar
    Join Date
    Feb 2007
    Location
    I'm right Here!
    Posts
    707
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by mgm_03 View Post
    Trademark generally is for products and IP
    What is "IP"???

    Quote Originally Posted by Dan Grossman View Post
    If you want to protect a trademark, you also need to start enforcing it. That means taking legal action against people that use your mark, or else you could lose it. It's a right that comes with a price.
    That's easy, since there are so many attorneys looking for work these days

    All I'd have to do is catch someone with some assets using my intellectual property and go get a few lawyers and tell them all I want is for them to quit using my property and about 20% of any damages collected.

  5. #5
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
    Join Date
    Aug 2000
    Location
    Philadephia, PA
    Posts
    20,578
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by KM Richards View Post
    What is "IP"???
    The phrase you used two sentences later Intellectual property.

    Quote Originally Posted by KM Richards View Post
    That's easy, since there are so many attorneys looking for work these days

    All I'd have to do is catch someone with some assets using my intellectual property and go get a few lawyers and tell them all I want is for them to quit using my property and about 20% of any damages collected.

  6. #6
    Headed Home! KM Richards's Avatar
    Join Date
    Feb 2007
    Location
    I'm right Here!
    Posts
    707
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by Dan Grossman View Post
    The phrase you used two sentences later Intellectual property.
    I knew that

  7. #7
    SitePoint Guru
    Join Date
    Sep 2003
    Location
    Northern California
    Posts
    605
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    In addition to enforcing it, which demonstrates that you are making attempts to claim ownership, the more important task is to use it properly yourself. You can easily dilute the trademark and therefore, the equity in your brand by using it improperly/haphazardly/flagrantly. Large corps have trademark usage guidelines --- even some apply to phrases.

    This topic could easily digress so, am leaving it at that. You could save some money and talk to a paralegal who works with trademarks - to get basic understanding and do's/don'ts.

  8. #8
    Headed Home! KM Richards's Avatar
    Join Date
    Feb 2007
    Location
    I'm right Here!
    Posts
    707
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by mgm_03 View Post
    You can easily dilute the trademark and therefore, the equity in your brand by using it improperly/haphazardly/flagrantly
    OK, can you provide some examples of a company mis-using their trademark?

    This is relevant, so I'd be interested in knowing what you mean.


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •