Business Question?

[Rmullen99]

I am far off from even thinking about this but have been wondering about what you need to do to name your business. Lets say I pick a name like Mystic Baits.....does it need to be trademarked? If someone has a business name already named Mystic Tackle is my name no good?

Second question.....if I don't want to use the industry names for colors but want to make my own color and glitter combos can I name them anything I want.....for instance if I do black color with two different color glitters and name it "black mamba or black wasp" do I need to check to see if there is already a color named that out there?

Thanks for the help!

[Ferree]

It is always good to check names and potential product names out on the www.uspto.gov website to make sure you don't have any conflicts.  Especially on the copyright side of life.  It's free and only takes a minute.

[smallmouthaholic]

Using yopur own name requires nothing. Usually,a ficticious name has to be registered w/ your state to obtain the necessary tax # and checking accounts w/ a bank.

 

If you develop a tricky/catchy ficticious name and logo ,then you'll want to consult a trademark /patent attorney to protect the name from being copied.Sometimes the U.S. trademark office will tell you the name is clear but another company can object and this can run into additional and expensive legal fees.

[Rmullen99]

Using yopur own name requires nothing. Usually,a ficticious name has to be registered w/ your state to obtain the necessary tax # and checking accounts w/ a bank.

 

If you develop a tricky/catchy ficticious name and logo ,then you'll want to consult a trademark /patent attorney to protect the name from being copied.Sometimes the U.S. trademark office will tell you the name is clear but another company can object and this can run into additional and expensive legal fees.

Thanks this s what I was looking for. So protect my business name. how about if I make a color combo and name it .... Do you copyright that? Thanks

[smallmouthaholic]

I can only speak from my own experience. You would have to consult a trademark lawyer for accurate ,legal advice.

[TroutSupport.com]

Thing with the color recipe is that at most peoples level they don't have enough funds to combat the infringement of a color recipe, so I wouldn't worry about it for the color recipe.

 

http://www.uspto.gov/faq/trademarks.jsp

 

Must I register my trademark?

No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

 Back to top

What are the benefits of federal trademark registration?

Owning a federal trademark registration on the Principal Register provides several advantages, including:

• Public notice of your claim of ownership of the mark;
• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
• The ability to bring an action concerning the mark in federal court;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
• The right to use the federal registration symbol ®; and
• Listing in the United States Patent and Trademark Office’s online databases.