Indeed. You can't cry foul over a trademark you don't own, particularly when you can establish that you had it first. The other big bad rich guy could be forced to change HIS name, or pay you for the rights.
Well, the first thing you do is an online search here. Next you search the web for the name. I have a small business and I've had to come up with about 8 new names in the last 10 years.
On my very first product, there was no online search resources so I went to the San Francisco City Library where they had the trademark database on CD-ROM. I searched the name I wanted to use and came up empty. I released the product with the name and a nice warm feeling. Lo and behold a *major* company released a product of the same type with the same name. They had registered it between the time the CD-ROM was released and the time I checked. I had put quite a bit of work into using the name so I kept it thinking I would change it *if* they complained. They never did. Their product was not sucessful and was discontinued. That large company was bought out by a larger company and the division that created the product is long gone.
As to where to get help, Nolo Press has a nice series of self-help legal books covering patents, trademarks and copyright. If things get really bad, you can always buy an hour of time from an intellectual properties lawyer. The last time I did was about 7 years ago and it cost $300. Well worth it for the advise I got.
I'm wondering if your concern is purely academic or you have a new product that you're thinking of making? If so, I've been down that road a few times and would be happy to give you what advice I could. PM me if you don't want to discuss it here.
A dear friend of mine, who has a small, home-based business, was recently contacted by a big shot, on-her-way-to-the-top person, who just registered TWO WORDS that my friend uses in a product that she makes and sells. The products are very similar, BUT the woman who owns the trademark has not released her product yet.
Since this could turn ugly, let's pretend the product is homemade wine and my friend's product is labeled "Moose Juice Wine". Well, rich-woman just trademarked the words, "Moose Juice" with the intention of releasing her own line of "Moose Juice Wine". When I say this woman is rich, think of an organic version of a well-known woman who recently got out of jail, and who is known for her clever homemaking ideas - got my drift? This is someone who is close to being a household name.
Anyhow, my friend and I have been combing the web, including the trademark registration database, to see what we can do. My friend could certainly rename her product - "Moose Lake Wine" or something, but what caused me to start this thread was the thought of.... "What if Ms. Granola decides she likes that name too and trademarks it?!" It's kind of depressing for the little man when someone can just swoop in, buy words, and give your business a little kick.
So, that's how this got started... And since GSC is such a fine crossection of people, I thought maybe someone could give us a little more insight on this...
(I checked my business name before buying my URL and all - I didn't want this problem!)
Can your friend establish that she had the product name first? If she can, then it's hers, though a rich competitor for the name may force her to spend a lot of money in litigation. If she doesn't want to fight it, make sure that the name she chooses is unique, then establish a date for first use, like an ad in a newspaper (that has a date on it) or something.
Like Raf said, the person who can prove he had it first is the owner. Registering it is just one way to put a date on the ownership and deter copycats.
Another idea to prove who had what first, is to take your idea and or name for your idea, write it all down and mail it to a trusted person. Tell the person not to open the letter, but to put it back somewhere safe. You will then have some type of proof, dated with an official post office date of when you had this idea.
This works nicely for anyone also who has invented something but has not yet patented it. I don't know if this will win in the over all argument, but at least you do have proper dated documentation if needed.
Recommended Posts
krys
Maybe they could put their name on it. It's not called a Ford motor car for nothing; neither is a Webber grill!
Get an appropriate legal advice. Who had it first often applies here.
Link to comment
Share on other sites
Raf
Indeed. You can't cry foul over a trademark you don't own, particularly when you can establish that you had it first. The other big bad rich guy could be forced to change HIS name, or pay you for the rights.
Link to comment
Share on other sites
Jim
Well, the first thing you do is an online search here. Next you search the web for the name. I have a small business and I've had to come up with about 8 new names in the last 10 years.
On my very first product, there was no online search resources so I went to the San Francisco City Library where they had the trademark database on CD-ROM. I searched the name I wanted to use and came up empty. I released the product with the name and a nice warm feeling. Lo and behold a *major* company released a product of the same type with the same name. They had registered it between the time the CD-ROM was released and the time I checked. I had put quite a bit of work into using the name so I kept it thinking I would change it *if* they complained. They never did. Their product was not sucessful and was discontinued. That large company was bought out by a larger company and the division that created the product is long gone.
As to where to get help, Nolo Press has a nice series of self-help legal books covering patents, trademarks and copyright. If things get really bad, you can always buy an hour of time from an intellectual properties lawyer. The last time I did was about 7 years ago and it cost $300. Well worth it for the advise I got.
I'm wondering if your concern is purely academic or you have a new product that you're thinking of making? If so, I've been down that road a few times and would be happy to give you what advice I could. PM me if you don't want to discuss it here.
Edited by JimLink to comment
Share on other sites
ChasUFarley
Jim -
It's a little of both.
A dear friend of mine, who has a small, home-based business, was recently contacted by a big shot, on-her-way-to-the-top person, who just registered TWO WORDS that my friend uses in a product that she makes and sells. The products are very similar, BUT the woman who owns the trademark has not released her product yet.
Since this could turn ugly, let's pretend the product is homemade wine and my friend's product is labeled "Moose Juice Wine". Well, rich-woman just trademarked the words, "Moose Juice" with the intention of releasing her own line of "Moose Juice Wine". When I say this woman is rich, think of an organic version of a well-known woman who recently got out of jail, and who is known for her clever homemaking ideas - got my drift? This is someone who is close to being a household name.
Anyhow, my friend and I have been combing the web, including the trademark registration database, to see what we can do. My friend could certainly rename her product - "Moose Lake Wine" or something, but what caused me to start this thread was the thought of.... "What if Ms. Granola decides she likes that name too and trademarks it?!" It's kind of depressing for the little man when someone can just swoop in, buy words, and give your business a little kick.
So, that's how this got started... And since GSC is such a fine crossection of people, I thought maybe someone could give us a little more insight on this...
(I checked my business name before buying my URL and all - I didn't want this problem!)
Link to comment
Share on other sites
shazdancer
Can your friend establish that she had the product name first? If she can, then it's hers, though a rich competitor for the name may force her to spend a lot of money in litigation. If she doesn't want to fight it, make sure that the name she chooses is unique, then establish a date for first use, like an ad in a newspaper (that has a date on it) or something.
Like Raf said, the person who can prove he had it first is the owner. Registering it is just one way to put a date on the ownership and deter copycats.
Regards,
Shaz
Link to comment
Share on other sites
outofdafog
Another idea to prove who had what first, is to take your idea and or name for your idea, write it all down and mail it to a trusted person. Tell the person not to open the letter, but to put it back somewhere safe. You will then have some type of proof, dated with an official post office date of when you had this idea.
This works nicely for anyone also who has invented something but has not yet patented it. I don't know if this will win in the over all argument, but at least you do have proper dated documentation if needed.
Link to comment
Share on other sites
diazbro
Talk to a lawyer... Talk to a lawyer... Talk to a lawyer.... Talk to a lawyer....
Link to comment
Share on other sites
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.