Question about trademarks

[isis297]

What is the name of your state (only U.S. law)? NY

I think I'm a bit confused yet as to the difference between a trademark and a registration. Are they one in the same or different?

I have a logo that was designed for my online business I am working on. I also have a tagline and I would like to protect both. Do I NEED to protect the logo actually? I didn't realize how expensive it was to file a trademark!

Thank you for your advice.

 

[quincy]

What is the name of your state (only U.S. law)? NY

I think I'm a bit confused yet as to the difference between a trademark and a registration. Are they one in the same or different?

I have a logo that was designed for my online business I am working on. I also have a tagline and I would like to protect both. Do I NEED to protect the logo actually? I didn't realize how expensive it was to file a trademark!

Thank you for your advice.

A trademark is what is used to identify your business, goods or services. It is a name or a slogan or a logo - anything that is used so that a consumer can distinguish one business, goods or service from another.

The identifier becomes a trademark as soon as it is attached to a business, product or service. Trademark protection comes from the use of the mark in commerce.

Trademark registration is additional protection offered a trademark owner but, in the US, registration of the trademark is not necessary. What registration of a trademark with the USPTO does is provide public notice that the name/slogan/logo is in use and no one else should use the same name/slogan/logo to identify their own business, goods or services (without risk of infringement).

 

[isis297]

So once my business name is registered as an LLC which is something else I'm trying to work on, nobody else can use the name?

 

[quincy]

So once my business name is registered as an LLC which is something else I'm trying to work on, nobody else can use the name?

Not necessarily.

If you are the first to use a trademark in commerce, however, no one can infringe on your rights by picking a name that is the same or similar, if to use the name confuses consumers into thinking their business is your business.

There are several companies who have the same trademark but the goods or services offered by these companies are different and/or the markets are different and there is no consumer confusion generated by the dual use, so there is no problem. You have, for example, Dove, which is a registered trademark for both Dove ice cream and Dove soap. Because these companies are marketing different products, consumers can distinguish one company from the other. There is no conflict.

 

[isis297]

Not necessarily.

If you are the first to use a trademark in commerce, however, no one can infringe on your rights by picking a name that is the same or similar, if to use the name confuses consumers into thinking their business is your business.

There are several companies who have the same trademark but the goods or services offered by these companies are different and/or the markets are different and there is no consumer confusion generated by the dual use, so there is no problem. You have, for example, Dove, which is a registered trademark for both Dove ice cream and Dove soap. Because these companies are marketing different products, consumers can distinguish one company from the other. There is no conflict.

Ok, so for starters I should be okay because there isn't another company name like mine. There are some similar, but not the same and we do different things but in the same genre so to speak. Once I can put the money aside to do so, I'll get it trademarked I think just to be safe.

 

[quincy]

Ok, so for starters I should be okay because there isn't another company name like mine. There are some similar, but not the same and we do different things but in the same genre so to speak. Once I can put the money aside to do so, I'll get it trademarked I think just to be safe.

Yes, for starters just your first use of the name provides you with trademark protection.

Again, the trademark is automatic once you start using the name as an identifier. You do not need to register the mark to claim ownership in the mark. It is the first use in commerce that confers the rights. The US is different than other countries in this regard. In other countries it will be the registration of the mark that shows ownership of the mark.