Comments on: Solid Article About Trademarking Web Products http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/ Wed, 11 Nov 2009 17:26:48 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Ben http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/comment-page-1/#comment-1990 Ben Thu, 17 Aug 2006 20:21:42 +0000 http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/#comment-1990 A year or two ago, under complete paranoia, when registering my first domain, I thought what if someone has this as a trademark? After all, you can be sued for 30,000 for violations. I registered the tm, and the letter was pretty draconian. I have never seen a more legal and proper letter. For example, my mark contained the word, site. This was in the letter: site site (sìt) noun 1. The place where a structure or group of structures was, is, or is to be located: a good site for the school. 2. The place or setting of something: a historic site; a job site. 3. Computer Science. A computer or network of computers associated with a unique identifying number on the Internet and electronically accessible, as through a browser. verb, transitive sit·ed, sit·ing, sites To situate or locate on a site: sited the power plant by the river. [Middle English, from Old French, from Latin situs. See situs.][1] When I registered it was 275. :) A year or two ago, under complete paranoia, when registering my first domain, I thought what if someone has this as a trademark? After all, you can be sued for 30,000 for violations. I registered the tm, and the letter was pretty draconian. I have never seen a more legal and proper letter. For example, my mark contained the word, site. This was in the letter:
site

site (sìt) noun

1. The place where a structure or group of structures was, is, or is to be located: a good site for the school.

2. The place or setting of something: a historic site; a job site.

3. Computer Science. A computer or network of computers associated with a unique identifying number on the Internet and electronically accessible, as through a browser.

verb, transitive

sit·ed, sit·ing, sites

To situate or locate on a site: sited the power plant by the river.

[Middle English, from Old French, from Latin situs. See situs.][1]
When I registered it was 275. :)

]]> By: ted r. http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/comment-page-1/#comment-1972 ted r. Wed, 16 Aug 2006 20:09:36 +0000 http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/#comment-1972 Thanks Stephen! I should make clear, that for the love of dog, please, find yourself an attorney or trademark person that can help you out. In your circle of friends there's likely someone that will be interested enough to prepare your submission for you in exchange for some web services a bottle of wine or a chance to be your attorney when you need one on a regular basis. Each U.S. mark is ~$365 to submit if someone can do pro bono for you. They amount may seem like a lot (it did o me when I had to submit 4 of them, but it is money well spent.) Thanks Stephen! I should make clear, that for the love of dog, please, find yourself an attorney or trademark person that can help you out. In your circle of friends there’s likely someone that will be interested enough to prepare your submission for you in exchange for some web services a bottle of wine or a chance to be your attorney when you need one on a regular basis.

Each U.S. mark is ~$365 to submit if someone can do pro bono for you. They amount may seem like a lot (it did o me when I had to submit 4 of them, but it is money well spent.)

]]> By: Stephen M. Nipper http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/comment-page-1/#comment-1971 Stephen M. Nipper Wed, 16 Aug 2006 19:13:39 +0000 http://blog.dogster.com/2006/08/16/solid-article-about-trademarking-web-products/#comment-1971 Excellent points. One thing I'd add is that if you do file your own trademark...there is a substantial chance you'll receive an "Office Action" from the Trademark Office. Oftentimes (to a layperson) the "Office Action" can look like a total and complete denial of all trademark rights. I frequently see cases where pro se trademark applicants became overwhelmed at the sight of an Action and give up. However, no matter how draconian the Action seems...consult with a trademark attorney. More often than not, what seems like (on its face) is a total loss can be saved through use of professional help. Excellent points.

One thing I’d add is that if you do file your own trademark…there is a substantial chance you’ll receive an “Office Action” from the Trademark Office. Oftentimes (to a layperson) the “Office Action” can look like a total and complete denial of all trademark rights. I frequently see cases where pro se trademark applicants became overwhelmed at the sight of an Action and give up. However, no matter how draconian the Action seems…consult with a trademark attorney. More often than not, what seems like (on its face) is a total loss can be saved through use of professional help.

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