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Need Trademark Advice

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#1
I'm creating a blog to share information and need to choose a domain name.
The advice that I received was to avoid using names that have been trademarked.
The name I want to use is not currently trademarked, but I'm wondering if I should claim the trademark simply to avoid being sued in the future?
I'm not 100% certain if my information sharing blog will morph into a business at some stage or not.
But I understand that registering a trademark "requires information such as the categories of goods and services for which the mark will be used, date of the mark’s first use in commerce".
So, I am uncertain how to proceed and would appreciate some advice.
 


quincy

Senior Member
#2
I'm creating a blog to share information and need to choose a domain name.
The advice that I received was to avoid using names that have been trademarked.
The name I want to use is not currently trademarked, but I'm wondering if I should claim the trademark simply to avoid being sued in the future?
I'm not 100% certain if my information sharing blog will morph into a business at some stage or not.
But I understand that registering a trademark "requires information such as the categories of goods and services for which the mark will be used, date of the mark’s first use in commerce".
So, I am uncertain how to proceed and would appreciate some advice.
What is the name of your state or, if not in the U.S., what is the name of your country?

Trademark rights are gained through the use of the trademark as an identifier for a business, its goods or its services. State registration of a business name is generally necessary when you conduct business in your state but federal registration is not required - and federal registration of a mark is not possible until the trademark has been used in commerce (although an "Intent-to-Use" application can be filed 6 months in advance of actual use).

You can start using the name you've chosen to identify your blog as long as you have searched for the same or similar name in use by another and have found none.

The purpose of a trademark is to distinguish one company's goods and services from those of all others, so consumers are not confused as to the origin of the goods or services being marketed. If all fast food restaurants were called McDonald's, a consumer would not know where to go to get an Egg McMuffin.
 
#3
What is the name of your state or, if not in the U.S., what is the name of your country?

Trademark rights are gained through the use of the trademark as an identifier for a business, its goods or its services. State registration of a business name is generally necessary when you conduct business in your state but federal registration is not required - and federal registration of a mark is not possible until the trademark has been used in commerce (although an "Intent-to-Use" application can be filed 6 months in advance of actual use).

You can start using the name you've chosen to identify your blog as long as you have searched for the same or similar name in use by another and have found none.

The purpose of a trademark is to distinguish one company's goods and services from those of all others, so consumers are not confused as to the origin of the goods or services being marketed. If all fast food restaurants were called McDonald's, a consumer would not know where to go to get an Egg McMuffin.
That's very helpful. Thank you.
My state is California.
If I understand correctly I am safe from being sued if I have done a trademark search and found no one else using that trademark.
Further, registering the trademark with my state probably would not give me any additional protection against getting sued in the future.
 

quincy

Senior Member
#4
That's very helpful. Thank you.
My state is California.
If I understand correctly I am safe from being sued if I have done a trademark search and found no one else using that trademark.
Further, registering the trademark with my state probably would not give me any additional protection against getting sued in the future.
Registration of a business name with your state is not a problem. Your state will not let you register a name that is already registered with your state by someone else.

Trademark issues tend to arise when a trademark holder sees you are using a name (or company identifier like a logo or slogan) that he believes is confusingly similar to his own trademark. This can result in a simple "cease and desist" letter informing you of infringement or, worst case, it could result in a trademark infringement suit.

If the name you have chosen is unique (like a made up word), you should have no problem infringing on anyone else's rights. Your biggest worry would be someone liking your name so much that they try to appropriate it for their own use. It will be up to you, in that event, to defend your rights to the name.

Good luck.
 
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