If you are starting a business, the name of your business is SO IMPORTANT to get right from the outset. We had to go to a second name choice. I hired an attorney and I was glad I did because the first name we had all loved was already taken. Our attorney did a comprehensive check to make sure the trademark is available. I was about to spend $10,000 starting to publicize our new music group name before I found someone had State of Texas trademark already. The name was not the exact same, but close enough said the attorney we hired. The next name we picked worked. We trademarked it, then started the band. Now we know we own it and control the name.
Hi, quick question. What if you have an image in a book that’s already published? What if you chose to put said image on....say t shirts; Would this be considered a trademark since the author already has the copyright to the book and all images in it?
@@Mash.Bonigala I asked because I’m the author of said book and now want to use some of the images. Just wondering if I still would have to trademark it.
Yes, agreed! Trademarking a name, logo or slogan is a valuable asset to establish for any business. The trademark route if done correctly, finds if the given mark is in fact LEGALLY CLEAR, whether it is available to be used commercially, and subsequently trademarkable. Filing a trademark is only about 10% of the process. Your overall tutorial about trademarking is clear...But, but more should have been stressed about the need to do COMPREHENSIVE research BEFORE filing a trademark - like the USPTO recommends. Talk about the need to be LEGALLY CLEAR before filing. Add to your video that a trademark attorney or a research specialty company like us can add the needed research to avoid USPTO refusals in sound, appearance or meaning -before filing any trademark - before starting and investing in any business.
HI, thank you for your information. I have a question, I bought a trademark from another, for example, the trademark is "Bringlove" but for my logo, can I start with lowercase, like "bringlove"?and do I have to register the logo again? thank you
The case of the text does not matter for the trademark - unless you register only the design and not the name. So always apply the name and the design together so both are protected.
"Deceptively similar" trademarks can be understood as a trademark created, almost similar or a look-alike of an already existing trademark in order to deceive and confuse the consumers. And "Visual Similarity" is a visual similarity to an existing registered trade mark, for example - a copy of the Heinz Beans registered trade mark with the name of your own brand of beans in the same font. One leads to confusion and the other is downright a ripoff of the original. Both will not stand up in a trademark application.
Hi, I am a subscriber and this is some really good info. I'm planning on making logos and selling them. Is it my part to get it trademarked or copyright or is it the buyers job to do so? And if its my part to do so, is there a process when selling my logos that I have paid to get trademarked or as long as they have proof of receipt that I sold the trademark logo to the buyer?
Hi Enesi, getting a trademark is expensive and takes a long time. So it is not practical for you if you plan on selling the logos. It would be up to your customer to apply for a trademark once they make a purchase. But make sure to include in your terms and conditions of purchase that to the best of your knowledge the designs are unique and original but that you are not liable if a TM application fails. Either get a lawyer to draft the terms or look for templates online and then customize to your needs. Hope this helps - Mash
Hi I am a designer and I want to save my designs using trademark or copyrights. What are the available source to register my designs on my name or company..
In the US you can register with the Copyright office (www.copyright.gov) or with the USPTO (www.uspto.gov). In India with Intellectual Office (www.ipindia.nic.in).
Hi Nelly. Sorry for the delayed reply. I thought I replied to this message but I see it in my pending messages. I was asking you what about Canada trademarks? What is your question? - Mash
@@Mash.Bonigala hi there, thank you so much for your response . How long it takes to trademark the brand in Canada ? I heard that brand has to be in the market for sometime before trademark . Is it true?
Yes you can - to be protected as a trademark, a personal name must be used as a trademark-the name must be used as a source identifier, to distinguish the goods or services of a particular source. In addition to use as a trademark, a showing of secondary meaning is required to protect a name as a mark. To be clear, if you want to trademark your personal name, you must find a business use for it, and that business use must fit into one of the many specific categories. - Mash
Imagine watching a video for 10 minutes and never seen how to trademark the logo, yes you explain why we need to trademark but not how to do it. Thanks for nothing
If you are starting a business, the name of your business is SO IMPORTANT to get right from the outset. We had to go to a second name choice. I hired an attorney and I was glad I did because the first name we had all loved was already taken. Our attorney did a comprehensive check to make sure the trademark is available. I was about to spend $10,000 starting to publicize our new music group name before I found someone had State of Texas trademark already. The name was not the exact same, but close enough said the attorney we hired. The next name we picked worked. We trademarked it, then started the band. Now we know we own it and control the name.
Good advice, very clean cut and informative
Glad you liked it!
Hi, quick question. What if you have an image in a book that’s already published? What if you chose to put said image on....say t shirts; Would this be considered a trademark since the author already has the copyright to the book and all images in it?
Yes that would be copyright infringement if you use the photo from the book on t-shirts that are for sale.
@@Mash.Bonigala I asked because I’m the author of said book and now want to use some of the images. Just wondering if I still would have to trademark it.
Great explanation! Thanks for the info
Glad it was helpful!
Great video! Really helped me out. Thank you
Yes, agreed! Trademarking a name, logo or slogan is a valuable asset to establish for any business. The trademark route if done correctly, finds if the given mark is in fact LEGALLY CLEAR, whether it is available to be used commercially, and subsequently trademarkable. Filing a trademark is only about 10% of the process. Your overall tutorial about trademarking is clear...But, but more should have been stressed about the need to do COMPREHENSIVE research BEFORE filing a trademark - like the USPTO recommends. Talk about the need to be LEGALLY CLEAR before filing. Add to your video that a trademark attorney or a research specialty company like us can add the needed research to avoid USPTO refusals in sound, appearance or meaning -before filing any trademark - before starting and investing in any business.
I must say I found this very helpful, very informative, and incredibly useful. Thank you!
HI, thank you for your information. I have a question, I bought a trademark from another, for example, the trademark is "Bringlove" but for my logo, can I start with lowercase, like "bringlove"?and do I have to register the logo again? thank you
The case of the text does not matter for the trademark - unless you register only the design and not the name. So always apply the name and the design together so both are protected.
Are 'deceptive similarity' and 'visual similarity' same thing or different??
"Deceptively similar" trademarks can be understood as a trademark created, almost similar or a look-alike of an already existing trademark in order to deceive and confuse the consumers. And "Visual Similarity" is a visual similarity to an existing registered trade mark, for example - a copy of the Heinz Beans registered trade mark with the name of your own brand of beans in the same font. One leads to confusion and the other is downright a ripoff of the original. Both will not stand up in a trademark application.
Hi, I am a subscriber and this is some really good info. I'm planning on making logos and selling them. Is it my part to get it trademarked or copyright or is it the buyers job to do so? And if its my part to do so, is there a process when selling my logos that I have paid to get trademarked or as long as they have proof of receipt that I sold the trademark logo to the buyer?
Hi Enesi, getting a trademark is expensive and takes a long time. So it is not practical for you if you plan on selling the logos. It would be up to your customer to apply for a trademark once they make a purchase. But make sure to include in your terms and conditions of purchase that to the best of your knowledge the designs are unique and original but that you are not liable if a TM application fails. Either get a lawyer to draft the terms or look for templates online and then customize to your needs. Hope this helps - Mash
@@Mash.Bonigala thank you 🙏 really appreciate your feed back.
Hi
I am a designer and I want to save my designs using trademark or copyrights.
What are the available source to register my designs on my name or company..
In the US you can register with the Copyright office (www.copyright.gov) or with the USPTO (www.uspto.gov). In India with Intellectual Office (www.ipindia.nic.in).
Thank you... 😍
@@Mash.Bonigala Thank you. I definitely needed this.
Very good video 👍🏻👏🏼👏🏼
Thank you 👍
Do you recommend legal zoom ?
How about Canada trademarks?
Hi Nelly. Sorry for the delayed reply. I thought I replied to this message but I see it in my pending messages. I was asking you what about Canada trademarks? What is your question? - Mash
@@Mash.Bonigala hi there, thank you so much for your response . How long it takes to trademark the brand in Canada ? I heard that brand has to be in the market for sometime before trademark . Is it true?
Thank you so much .
You're most welcome
hi sir,
i'm trying to create my own trademark. can you help me with instructions or steps to follow?
Hi sir I can help you put
Do we need trademark our own real name?
Yes you can - to be protected as a trademark, a personal name must be used as a trademark-the name must be used as a source identifier, to distinguish the goods or services of a particular source. In addition to use as a trademark, a showing of secondary meaning is required to protect a name as a mark. To be clear, if you want to trademark your personal name, you must find a business use for it, and that business use must fit into one of the many specific categories. - Mash
Well explained if only I could find an affordable lawyer.
I don't own a business but I made a couple of logos that I would like to claim
Can I trademark a common ancient Egyptian symbol,if I drew it out myself?
4:58
Thank you for the time stamp. Yes, the actual process of trademarking starts at 4:38!
Imagine watching a video for 10 minutes and never seen how to trademark the logo, yes you explain why we need to trademark but not how to do it. Thanks for nothing
I am sorry but the process of trademarking starts at 4:38. I know the introduction is quite longwinded!