Wednesday, August 29, 2007
Tuesday, August 28, 2007
The process for filing for a trademark for a domain name is similar to any other name in terms of comprehensive research and analysis being a necessity.
Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.
There is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name.
"A mark composed of a domain name is registrable as a trademark or service mark only if it functions as a source identifier," so says the USPTO. Okay, but what does that mean?
Basically, as long as your domain name is the name of your product and/or service, it's likely registrable. Let's look at some examples to illustrate this:
Example: Our primary domain name is www.tmexpress.com but the name in which we conduct business is TradeMark Express, therefore our Federal trademark registration is for TradeMark Express and not our domain name.
Example: The online seller, Amazon.com, has a Federal trademark registration for Amazon.com because it's the name under which they conduct business.
If you're not sure about your domain name, please email me and I'd be happy to assist you further.
Friday, August 17, 2007
Monday, August 06, 2007
I'm a book author, and I came up with a very 'catchy' slogan to be used in future advertising campaign.
What steps do I need to take to trademark and/or copyright this slogan so that it is exclusively mine??
Alan Roger Currie Author, "Mode One: Let The Women Know What You're REALLY Thinking"
Thanks for your question Alan!
First, it's not possible to copyright a slogan.
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.
If we're talking about a merely informational slogan or a slogan that conveys advertising information, it's not eligible for trademark registration.
Click these links to see what the USPTO has to say:
Slogans or Words Used on the Goods
Slogans, Refusal Based on Descriptiveness
Matter that Does Not Function as a Service Mark
Hope that helps Alan!
Any other questions, please email me: by clicking here
OR comment below.
Read more about trademarks here