Question
Confused about trademarks/copyrights..?
I am about to create a website that will have the exact same domain name as my company name but someone is currently using the same "name" on their website with an abbreviated domain name. After research i noticed that their name isn't copyrighted or trademarked. If I continue to create the name, and trademark/copyright it would I then control the wrights of the name? Even more info: The other website was established in 2007, but never has been updated since the initial creation.. (seems to be a squatter) . Thanks
6 months ago - 1 answers
Best Answer
Chosen by Asker
To protect a business name within your industry, you would apply for a trademark. 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!
by TM Express™
6 months ago
Asker's Rating: 