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How do you trade mark a name of a business?

Trademarking before actually using the business name?

  • I'm slightly confused by this topic due to the many do's and don't. I am in the early process of starting a website. At what point is it eligible for trademark? Based on what I have read, some people are saying you cannot trade mark a business name if it is not being used, or if it is descriptive of the product or service you are providing. This is not the actual name of my business but it is same what similar. That being said, if I can get feedback on this business name I will have a better idea of what can or cannot be done, www.ratemysmartFone.com My business name is similar to that in the sense that it is an interactive website that will allow people to view/rate a particular type of product. A word is also misspelled intentionally by one character. The only process that is completed is domain name registration. My goal is to design my logo by next month, register the business by summer and start trademark process in fall. I am currently in school so I am on a very tight budget- I know it's best to see a lawyer but its just not affordable at his point.

  • Answer:

    A "hunch" is partly right, but not completely. You can file an application for US registration of your brand prior to "actual use in commerce" but it won't be registered until and unless you supplement the application with more filings and fees that say you've actually "used it in commerce", which does NOT mean you have "made money on it" -- only that you have offered the branded goods or services to others. Prior to the "intent to use" applications you would have had to hold a "token" or "sham" transaction in "commerce" by offering a prototype to someone for sale, but that rules was superseded by later statutes. You do have at least three years to prove "actual use" before your application will "go abandoned". Again, "actual use" does NOT require any actual sales. As for similarity, you can hire an attorney to do a clearance opinion, which may take a few weeks, but will give you the peace of mind of having a licensed professional give you counsel on your valuable property rights that could be worthless if you turn out to be infringing an existing brand you somehow missed.

Danesbro... at Yahoo! Answers Visit the source

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It is it a common concept it cannot be trademarked = the shoe company "Chinese Laundry" which has been around since the '80s is not trademarked because of this. For your item, you should be able to trademark it but you wll you have to sign that you realize you don't own "rate" "my" "smart" "phone". You only own: ratemysmartphone Trademarks are based on how the word sounds = sale, sail, & sell are all the same mark, as is phone or fone. You can apply for the trademark at anytime. If you get it accepted, you will have 3 years to finalize it. You have to have made money on the mark beofore it can be finalized. Trademarks are by class McDonalds, the restaurant, and McDonalds Plumbing are 2 different trademarks. Most people can do the initial trademark process without an attorney. The people at the uspto are very helpful.

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