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Getting a trademark

Posted by Anonymous . updated on 11/11/2009
I've posted a message here once before, but I'd like to go over it again before I take the plunge.

I have a website that provides information and directory. I'm also trying to start a nonprofit org and would like to use the name of my website. The nonprofit org may provide information but is more about recycling and distributing goods to the needy. This part of my business has only started recently.

Another website has come along a year after mine started with the same name, similar content, but not the same class of trade. They sell environmentally sound products and offer limited amount of information on their website.

Also another trademark exists with my name transposed that provides musical entertainment, sells books, bumperstickers, etc.

So my question is this:

1) My name is Xxxx Yyyy.  My site is XxxxYYyyy.com
Would it be better to skip trying to trademark Xxxx Yyyy when Yyyy Xxxx already exists and just go for XxxxYyyy. Would it make a difference?

2) What about the website that just started a year after mine with the same name, they're just .net instead of .com?

3) If I do apply for the trademark how long did I have to be providing the service to apply as an existing service?

4) If I apply as intent to use (on the recycling and distribution which I've just started doing) can that other company come along and say they've been selling goods under that name longer than me, albeit not trademarked?

5) I prefer to trademark the recycling service I'm setting up, but would I be best off trademarking the providing of information and hyperlinks on the internet since I've been doing that longer, even though my focus has shifted to the recycling effort? (I can't afford two trademarks right now)

6) I can't really afford a lawyer - Am I almost definately going to need one here. Mind you my business and the other two are all still small businesses. The one with my name transposed has a trademark from 1995 though and several trademarks on that name.
Answers (8)
Please do not rely on statements made by respondents on this peer-answers forum. Answers provided on this peer-answers forum are NOT legal advice. Answers on this forum are not moderated, and some peer-answers may not be accurate. You should consult with a licensed attorney in your jurisdiction. Please do not place any confidential information on this forum.
 
Yvonne
I forgot to mention that the company that stole my name does not have a trademark yet (knock on wood!!!!) so I feel the need to act immediately! But I am afraid of making big mistakes and losing $335 over it.
 
 
M. Arth...
The big mistake is not knowing what you are doing as far as the law is concerned. If you are hesitating because of the $335, you are a gonner.

You have to do it right, screw it up, up front, it really cost down the line, in money and pain and suffering.

Save a few bucks and do it yourself? It's more than filing a piece of paper and paying $335.
 
 
dwayne
How does one do it themself?

Dwayne
 
 
M. Arth...
The information is available and helpful to get you to file your self.

As I see it you are at risk if you have anything of value unless you understand the law and the envirnment of what you want to acheive.

That is why lawyers stay in ?business and make money.

Is like buying diamonds. You can but diamonds but unless you understand the sophistication of the diamond you may get a diamond and have wasted your money.
 
 
Yvonne
I forgot to mention that the company that stole my name does not have a trademark yet (knock on wood!!!!) so I feel the need to act immediately! But I am afraid of making big mistakes and losing $335 over it.
 
 
M. Arth...
The big mistake is not knowing what you are doing as far as the law is concerned. If you are hesitating because of the $335, you are a gonner.

You have to do it right, screw it up, up front, it really cost down the line, in money and pain and suffering.

Save a few bucks and do it yourself? It's more than filing a piece of paper and paying $335.
 
 
dwayne
How does one do it themself?

Dwayne
 
 
M. Arth...
The information is available and helpful to get you to file your self.

As I see it you are at risk if you have anything of value unless you understand the law and the envirnment of what you want to acheive.

That is why lawyers stay in ?business and make money.

Is like buying diamonds. You can but diamonds but unless you understand the sophistication of the diamond you may get a diamond and have wasted your money.
 
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