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Old 06-23-2008, 08:32 AM   #1 (permalink)
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Question Trademarks?

Has anyone got one and what's the process for getting one like?

It seems mostly straightforward, you apply for the right classes for your product, provide a text description and an image but it carries a ton of warnings about extra fees if you don't do it right.
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Old 06-23-2008, 08:48 AM   #2 (permalink)
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I have been involved in UK Trademark registration in the past , which of course may be a little different from the US system, but again , fees were non-returnable if you made a mistake in your application or your application was rejected as being unsuitable, either too generic or because it was too close or duplicates an existing trademark.

This is why if you are really serious about this it pays to use a trademark specialist who will do initial searching and assess whether your trademark is suitable.It will cost you but if the trademark is of real value then that shouldn't be a major issue.
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Old 06-23-2008, 02:56 PM   #3 (permalink)
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What are the costs in getting a trademark ?
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Old 06-23-2008, 03:06 PM   #4 (permalink)
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What are the costs in getting a trademark ?

The UK registration is £200 for a single product category (which is quite large there are only about 50 in total - e.g. Food is one, Clothes another, Computer Services another) + £50 for each additional class - Services of a trademark specialists would be a lot more - at least £400+ for the process in total.

The UK site is http://www.ipo.gov.uk/ which explains the process very well - as does the US equivalent ( http://www.uspto.gov/ )
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Old 06-23-2008, 05:45 PM   #5 (permalink)
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Thanks Tyche.

It says it has to be represented graphically but I assume that means you if you are trademarking a word (EG brand name) don't have to use the same style of logo all the time, the overall requirement is that your word is unique and not generic?
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Old 06-23-2008, 06:59 PM   #6 (permalink)
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Originally Posted by Eata View Post
Thanks Tyche.

It says it has to be represented graphically but I assume that means you if you are trademarking a word (EG brand name) don't have to use the same style of logo all the time, the overall requirement is that your word is unique and not generic?
It depends (and here again I really would recommend you seek professional advice) - Trademarks can be either just a word , or a particular graphic/logo - It should be unique within the class of product - So for instance it would be OK to trademark Tyche for Furniture - if no one else had , even if it had been Trademarked for say Food . But the process is one of review - Once your potential Trademark is accepted it is publicly published and then there is a period during which others can dispute it. Even after registration is accepted it is still possible to have a Trademark overturned (but difficult).

As I said earlier my experience is with the UK system, but I doubt the US system is sufficiently different as there is a common international agreement (The Paris Convention) as to the process .
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Old 06-24-2008, 02:07 PM   #7 (permalink)
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My own IP lawyer suggests trademarking BOTH the logo AND the text seperately (this will mean two 'TMs/(R)' in your logo), so you can pursue people who use one or the other, but not combined.
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