trademark question??

[squirrellydw]

Can anyone tell me if  squirrelly productions is trademarked?  Don't ask why.  I have no idea  how to tell on the US trademark website.

[DrewKaree]

Why?








































What, like that wasn't a glowing neon sign BEGGING to have the question asked?

[squirrellydw]

well I own the domain name and some guy says he has the name registered and wants to buy it from me. 

[paigeoliver]

I don't know if it is trademarked, but there is a business with that name in Illinois that has been around for about 10 years.

[GreenKnight37]

Go here  http://www.uspto.gov/main/trademarks.htm

Click the "Where Do I Start" link on the left.

It takes you to the next page that has "Searching for Trademarks"
Choose the TESS link http://tess2.uspto.gov/bin/gate.exe?f=tess&state=qciln3.1.1

Pick a search form...try a few versions, I dont know exact info about them...and then search away.


The only thing I can find is a DBA (doing business as) entity for Squirrelly Productions based in Illinois.  They dont have a Trademark over the company name though, they have a trademark over their newspaper/publication name. 

[RayB]

Here's the thing about trademarks....

You don't have to register a trademark in order to a have a legitimate claim to a trademark. (That's the difference between (R) symbol and TM symbol).

But also understand that trademark claims are usually only for particular sectors. For example, you can have an art magazine called "Apple", and not infringe on the computer maker, because it's completely different business sectors.

So if you and the other guy are in different businesses, it's possible he has no right to your domain. But maybe the amount of $$ offered is worth it anyways?

IANAL
(i am not a lawyer)

[squirrellydw]

Go here  http://www.uspto.gov/main/trademarks.htm

Click the "Where Do I Start" link on the left.

It takes you to the next page that has "Searching for Trademarks"
Choose the TESS link http://tess2.uspto.gov/bin/gate.exe?f=tess&state=qciln3.1.1

Pick a search form...try a few versions, I dont know exact info about them...and then search away.


The only thing I can find is a DBA (doing business as) entity for Squirrelly Productions based in Illinois.  They dont have a Trademark over the company name though, they have a trademark over their newspaper/publication name. 

I saw that but I didn't really help me much.

Here's the thing about trademarks....

You don't have to register a trademark in order to a have a legitimate claim to a trademark. (That's the difference between (R) symbol and TM symbol).

But also understand that trademark claims are usually only for particular sectors. For example, you can have an art magazine called "Apple", and not infringe on the computer maker, because it's completely different business sectors.

So if you and the other guy are in different businesses, it's possible he has no right to your domain. But maybe the amount of $$ offered is worth it anyways?

IANAL
(i am not a lawyer)

It is a totally differnet business.   I just wasn't sure if he would have the right to it.  Money talks and I will sell it if the price is right.

[Donkey_Kong]

Doesn't look like anyone has a Federal Registered Trademark of SQUIRRELLY PRODUCTIONS. There are also two types of trademarks, State & Federal. It is possible that this other party has a TM in their state of business.

[koolmoecraig]

While we are on this topic....

If I have a logo or character that I have created, do I need to trademark or copyright it?

[MikeQ]

trademark.  Copyrights are things that one authors.

[jbox]

I'm not sure if you can trademark ************************************? 

[Samstag]

While we are on this topic....

If I have a logo or character that I have created, do I need to trademark or copyright it?

Copyright, but you don't have to do anything.  It's automatically protected even if you don't register it.  Registering just sets the date, but if you can show that you created it and when, registering a copyright isn't so important.  All artwork is covered under it.  If you want to protect the name of the logo or character, or a motto, then you'll need a trademark.

[RayB]

You don't trademark a cartoon character (or anything else for that matter) unless YOU USE IT IN TRADE.

If you just create it and never use it commercially as a trade mark, then its not a trade mark, so how can you trademark something that is not a mark used in trade? In fact, if you use something, like a motto for your business, and consider it a trademark, but then you stop using it for a few years, you can lose the right to it, especially if other businesses use the same thing and you do not defend your right to it, that also can cause you to lose your right to it.

Copyright applies to the artwork of it though. And that is pretty much automatic. I wouldn't waste money REGISTERING the copyright of every cartoon you draw, unless you expect to develope something to be really big, popular and visible.  That's the problem I find with young artists. SO paranoid that something they draw will somehow be stolen and become "the next big thing". It just doesn't work that way though. There's alot more to making millions than just drawing a cartoon character.

[amadama]

An easy way to cheaply enforce a copyright is to take several copies, place each in a separate envelope, seal it and mail them to yourself. Mail one to someone you know just in case.
If you keep them sealed and there is ever a copyright dispute you can show the court your sealed and postmark dated copy!
Now if you are going to be making money and depend on this copyright then you should register it (still not a requirement though).

[SavannahLion]

An easy way to cheaply enforce a copyright is to take several copies, place each in a separate envelope, seal it and mail them to yourself. Mail one to someone you know just in case.
If you keep them sealed and there is ever a copyright dispute you can show the court your sealed and postmark dated copy!

No, it doesn't work that way and never has. You're referring to the, "poor man's copyright," and to date has never stood up in court (if you find a court case where this has, let me know). In fact it's ridiculously easy to fake something like that. Take an envelope, put an empty sheet of paper inside, fold the envelope flap so it goes inside the envelope, place address, stamp it, and the Post Office will be more than happy to deliver it. You now have an empty, unsealed, envelop with a post mark where anything can be put inside.

For some bizarre reason people believe this works for trademarks and patents and it doesn't work that way.

In some sickening way, that misleading information even evolved. I have a book of bizarre patents where the author claims that burning a CD with your engineering plans will time stamp the CD with the date of creation. Of course it does, but anyone with an inkling of computing knowledge will know how to turn the date back on their PC and files.

The information on the correct way to patent/trademark/copyright anything is on the appropriate website for each of those agencies. Please, go look it up before you depend on something as asinine as a poor man's copyright.

[amadama]

I never said it worked with patents and trademarks.
But then again I am not a lawyer and should not be making statements such as this anyway.
Good catch...

[Donkey_Kong]

US Copyrights are $25. Federal Trademarks are about $425 when it is all said and done and holds for 10 years at which time you can renew.

Might as well just get the real copyright at $25...

[SavannahLion]

I never said it worked with patents and trademarks.
But then again I am not a lawyer and should not be making statements such as this anyway.
Good catch...

Sorry, I wasn't trying to imply that you were saying your statement applied to patents or trademarks, I was just trying to make the point that poor man's copyright doesn't to apply to patents or trademarks either. I wanted to belay someone from saying, "Yeah, but...."

[geomartin]

I worked for a company with a name that was used by another larger company.  There was no problem until we started a web site and were sued for using the name.  Bottom line, our lawyer said that eventhough we had legitimate use of the name (different trade sectors and such) the larger company would probably be able to bury us in legal fees if we refused to sell to them.  Long story short, after a 9 month struggle we sold out.  After lawyer fees, we got less than the initial offer to sell.  Just something to think about.

[danny_galaga]

i say ask for a million bucks and haggle from there 

[RayB]

I worked for a company with a name that was used by another larger company.  There was no problem until we started a web site and were sued for using the name.  Bottom line, our lawyer said that eventhough we had legitimate use of the name (different trade sectors and such) the larger company would probably be able to bury us in legal fees if we refused to sell to them.  Long story short, after a 9 month struggle we sold out.  After lawyer fees, we got less than the initial offer to sell.  Just something to think about.

Lesson learned: Haggle without lawyers!

[boykster]

Lesson learned: Haggle without lawyers!

Sheesh...between lawyers and realtors, its a wonder we have any money left over at all.....

 

[geomartin]

Lesson learned: Haggle without lawyers!

Sheesh...between lawyers and realtors, its a wonder we have any money left over at all.....

 

The real lesson learned is it usually doesn't help to be right when lawyers are involved.  It only matters who has the biggest wallet.  Just ask O.J.