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  • Trademark

    10 posts, 8 voices, 522 views, started Apr 2, 2009

    Posted on Thursday, April 2, 2009 by Eve Mallick

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    • Amethyst
      Offline

      Great topics ladies. I’m a fairly new member and kind of zipped thru 10 or more topics, but specifically looking for advce from experienced business women regarding trademark. My question is posed as.... what came first... the chicken or the egg?
      Did you start your business first and hope no one would steal your name or idea, or did you obtain a trademark first? I understand you should probbaly sell first, but where’s the protection in that?

      Thank you for any advice in advance



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        • 0 votes vote up vote up

          Jana Toohey wrote Apr 5, 2009
        • Hi Lipstickxs,
          Once I started getting my name out there, and got a little nervous about it, I still couldn’t afford the $700 or so the attorney wanted to file it, so I did it myself. I’d put it off for so long, and after I did it, I’m not sure what they charge for. Go to www.uspto.gov. and do the availablity research on Tess. Then follow the instructions to file the form. There is a non-refundable fee of $275, so if you screw it up...  I received my mark (twice), and I was pretty proud of doing it myself.  

          I’m sure this goes against all legal advice, but if you‘re starting out you’ve got to save where you can, and for me, this was one of those areas. The best advice I can give though, is don’t let fear get in the way of getting your product out there. There’s so many obstacles and things to be afraid of you just have to push through them all in the best way you can. Good Luck.



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        • 0 votes vote up vote up

          Cynthia Schmidt wrote Apr 5, 2009
        • If you have a catchy name for a product you may also want reserve the domain name and any domain name that is similar to it.



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        • 0 votes vote up vote up

          Cindylouwho1966 wrote Apr 5, 2009
        • I filed my trademark name with the state I live in. The domain name is taken until November of this year, and I will grab it then.



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        • 0 votes vote up vote up

          Jenni0811 wrote Apr 5, 2009
        • Prob 20 or more yrs ago....when the internet was catching on, a few saavy entrepreneurs gobbled up every domain name they could imagine and now are sitting on them......up for sale, for a price! So, my advice would be that if you stumble on a domain name that is not taken.....GRAB IT NOW! You can always abandon or sell it later.



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        • 0 votes vote up vote up

          Jana Toohey wrote Apr 5, 2009
        • Good point Chocolatie. You should try and get the domain first. If it’s a catchy name & it’s taken, it might also be trademarked in your class. If you start there you could save a lot of time chasing a name that’s not available.



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        • 0 votes vote up vote up

          Cynthia Schmidt wrote Apr 5, 2009
        • I’ve grabbed a couple of domain names for future products.



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        • 0 votes vote up vote up

          Eve Mallick wrote Apr 5, 2009
        • Thank you that was not only informative, but truly inspiring; thank you!



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        • 0 votes vote up vote up

          Kelly Robertson wrote Apr 6, 2009
        • I don’t think the original question had to do with domain names but grabbing the one that goes with your branding is a great idea. I actually have about 10 different site names that “point” to my main site.

          If you look at trademark law, it’s a big undertaking and can be very expensive. For a prior trademark endeavor that was successful, I used [Link Removed]

          Why worry about someone stealing your trademark? Is it that catchy or cool that you feel you must protect yourself? Are you a big-time business or just starting out?

          I think the bigger part about the effort is reseraching to make sure that YOU are not the one violating someone else’s branding.  

          Best of luck to you! Hugs, kelly


          Lipsdiva, Your links have been removed, please consider upgrading to premium membership.



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        • 0 votes vote up vote up

          UK Girl wrote Apr 6, 2009
        • Actually the law is changing in the UK and US about cyber squatting as it’s known and if your name is taken and you can prove that your business has been going longer etc; you can buy it at WHOSE price not pay over the odds - its being phased in over the next two years. I went to a law convention on this around four weeks ago.

          But if you see something do buy it but then make sure you at least do something even if it’s tentative to keep the name.



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