Trademark?

[Shawn Nelson]

Okay, so I want to register a name of business and protect it...(idiot question time)...is that a trademark? I started looking into that website and it seems to be more geared towards specific logos (such as desiring uploads of a specific graphic). I don't want to register a specific logo a company, I want to register that name. I'd appreciate being pointed in the right direction.

 

[Ed Watkins]

Once you register the name of a company, as an LLC or sole proprietorship, you are able to legally trade under that name, and others are prohibited from doing so. It is not a trademark though.

A trade mark protects "business dress" i.e logos, color schemes, phrases which are associated with the manner in which you conduct business.

i.e "The Coca-Cola Company" is the registered name of the producer of the beverage "Coca-Cola" therefore no one else can trade under the name "The Coca-Cola Company".
"Coca-Cola" and the color logo associated with it, is trademarked. Therefore no one else can call a carbonated product "Coca-Cola" or use a logo or color scheme which is similar enough to cause the public to confuse one product for another.

You can find out about incorporating a LLC company, or sole proprietorships (i.e [John Doe] "doing business as" [Company name]) here:
http://www.usa.gov/Business/Incorporate.shtml

But generally, it is also a good idea to trademark your company 'name' and logo. As well as incorporating legally.

Hope that helps.

EDIT>>
Forgot to add, trademarks are domain specific. So many different people could own a trademark on the use of a word/phrase/color scheme (e.g "RED") so long as the uses did not conflict.
i.e Trademark could be granted on a brand of hair dye called "RED" to one company, and also on a Digital Cinema Camera to another, as the public are unlikely to confuse the purveyors of the two items, or the items themselves.

Logos are automatically copyright as works of art. Therefore no one can copy your logo, make a derivative, or use it. Unless you give them permission or it is used under fair use, or parody. Legally it helps to own the trademark to a logo too, as the infringer will have no legs to stand on.

 

[Jeff Kilgroe]

Business registrations and legal trade names only have uniqueness within the jurisdiction where the registration was filed. So there can be a "Shawn's Film Studio, LLC" in Oregon and another entirely different company of the same name in another state.

Trademarks and Registered marks are offered by most state agencies and are also available through the USPTO (U.S. Patent and Trademark Office). Then there's a whole other scope of options and considerations on an international level.

A USPTO trademark (federal or national trademark) will carry precedence over a state issued one. So even if you file a trademark in your state along with a business registration, if it conflicts with a national trademark of a company who is also doing business in your state, or if you attempt to do business nationally, you could be in for a battle.

The steps to registering a trademark in the USA typically start with forming and establishing your business and filing the trademark applications at both the state and federal level.

As Ed pointed out, trademarks are domain specific... The last trademark I filed, already has 3 USPTO trademark entries for the name, but none apply or even overlap with visual media production services. One is for wine, the other for jewelry and I can't recall the third, but I think it's legal or financial services.

To add to what Ed said about logos and trademarks, the copyrights do apply. But you can take it one step further and make a Registered mark out of it. You will see this on product packaging next to logos, the little "R" with a circle around it. Essentially it's a trademark, but it's showing that it has been officially registered for exclusive use.

 

[Tico Llaurador]

Shawn, I recommend my trademark attorney, Erik Pelton. In my experience, I've never found an expert in the matter who is as competent, attentive and affordable as he is. If you wish his contact information, I'll be happy to provide it, or else, you may visit his site:

http://www.tm4smallbiz.com/index.shtml

Good luck!

 

[Noah Kadner]

I use Legal Zoom- they are fast, very easy to use and the price is exact and stated up front:

http://www.legalzoom.com/

-Noah

 

[David Didato]

You can search the USPTO database yourself. Go to http://www.uspto.gov and click on trademarks - TESS. Of course make sure you can get a good .com domain first.

 

[Jeff Kilgroe]

I gave legalzoom a try for both a company registration and trademark. Did it that way as it was convenient to form the company in a different state and fairly inexpensive. Ended up with a glitch and their customer service was unable to handle the problem. Just be careful. For most business-forming documents that you can handle locally, you can usually do them yourself. And in many cases when forming a new company, I would recommend consulting your accountant for more advice than an attorney.

 

[g3nov3s3]

So.....can you trademark the name Coca-Cola and sell let's say a detergent by this name? Because it doesn't interfere with the soft-drinks domain....

 

[Jeff Kilgroe]

Technically yes, but in reality no...

Some marks are so universally known and far reaching, that it just wouldn't be possible to do so. As there would be no explanation for your intentions; other than to capitalize on, or attempt damage to, the existing establishment.

Or to be accurate, in the case of Coca-Cola, they have already expanded their trademark to cover clothing, accessories, furniture, food and beverage containers, utensils, knick-knacks, linens, etc.. You know, for all the merchandising, promotional BS, etc..

 

[Noah Kadner]

For big ticket items like Coca-Cola- typically those will get summarily rejected out of hand so don't bother. Especially if you fail to demonstrate any particular reason why you should be more Coca-Cola than Coca-Cola, no matter what the market application you envision. Not much of a sense of humor over at the USPTO.

Noah