Monday, July 27, 2009

Trademarking a new organization name? -

I am setting up a website that will be the cornerstone of my organization and I want to trademark the name. I am concerned about other groups adopting the name or variations of it for their own use. I will not be selling products initially; first I will just be establishing a web presence. My question is, what s the best way to go about protecting the name? Trademark? Copyright? I thought trademark was just for logos and copyright for intellectual property, but I m not sure.

Trademarks are for like parts of a brand including NAMES, logos, sounds (as in jingles) etc. Copyright is to protect original work like books, music, websites (the design/code not the name) and movies. It isn t too difficult to register a trademark. You register it in different categories so no one can use the same name in the same industry.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it s necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party. This entails searching the pending registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. To register a trademark, that s done either through your Secretary of State for a State trademark or the US Patent Trademark Office for a Federal trademark. If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US any other country, you can file for a Federal trademark.Hope that helps! I wish you much success happiness in all your ventures!

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