Trademarking a name

[Lord Ash]

Hey all!

Hoping some of the resident DBR lawyers could give some advice here...

I want to trademark a name of a video game. I haven't done this before. I doubt that anyone will try to steal it or anything, but I just want to be on the safe side. I was told that I can just put TM after the name everywhere I use it and that basically does the job. A registered trademark, I was told, costs money and can take some time.

Does anyone know anything about this process or have some real world experience with it?

Thanks!

[AtlBluRew]

Yes, your first step is to use the "TM" but you should also register the name with the USPTO, which doesn't cost that much at all. It does take time for the registration to be complete, but it dates back to your date of filing.

To register, go to USPTO.gov and first do a search of existing registrations to have some comfort that you aren't infringing on a pre-existing mark. On the site, choose Trademarks, then "Search Marks," then "Basic Word Mark Search (New User)." Put the name of the game in the field ... the other options are already defaulted to searching the names of products (you can also search for marks by the name of the owner, for example). The result will show you all marks with similar names .. in all product categories. If there's nothing very similar, this basic search isn't a guarantee that there won't be a conflict, but at least you find something glaring and then can judge whether you want to proceed with trying to register or not.

The Trademarks section also gives you great basic information about the process and what marks a mark eligible for registration. Essentially, it has to be unique and not descriptive. You can't register "Video Game" as the name for a video game, for example.

The examiner working on your application will tell you the steps you need to take, if any, to cure defects in your application.

Registration isn't expensive. The registration fees are $350 or so per class of goods. Selecting your class of goods properly is important .. and maybe you want to register in more than one class in order to be sure you are covered.

Once you are registered, you will get all kinds of official-looking solicitations from companies that will send you reports on potentially conflicting marks and registrations. Personally, I wouldn't bother signing up with one of those.

Like all federal documentation, at first blush the registration process can seem daunting ... but it's really not. And you can register there on the site.

[cf-62]

Hey all!

Hoping some of the resident DBR lawyers could give some advice here...

I want to trademark a name of a video game. I haven't done this before. I doubt that anyone will try to steal it or anything, but I just want to be on the safe side. I was told that I can just put TM after the name everywhere I use it and that basically does the job. A registered trademark, I was told, costs money and can take some time.

Does anyone know anything about this process or have some real world experience with it?

Thanks!

You can do it yourself at USPTO (for ~$350).

They'll handle the initial research. Then to complete, you'll have to prove a commercial use (i.e. screen shot of the box, splash screen, ad, etc.).

You can use TM in the meantime. You aren't allowed to use the (R) circle until you've been approved.

[Lord Ash]

Thanks guys! The 350 bucks is a lot for me, but maybe I'll do it... for now, I guess, I'll go with the TM.

Thanks for the website link and suggestions and advice

[PSurprise]

Hi guys,
Do you know what happens to a logo when a company goes out of business? I live in a mill town where Champion Paper was located. It was sold to Int'l Paper and then sold a couple more times. They had this cool knight (champion) as their logo. Since they're no longer Champion, who has the rights to this image?

I've bottle my first batch of beer this last week and am thinking of calling it Champion Beer with the logo on the bottle. Would I get in deep doodoo if I started making millions of dollars from my Champion Beer?

[Jarhead]

Hi guys,
Do you know what happens to a logo when a company goes out of business? I live in a mill town where Champion Paper was located. It was sold to Int'l Paper and then sold a couple more times. They had this cool knight (champion) as their logo. Since they're no longer Champion, who has the rights to this image?

I've bottle my first batch of beer this last week and am thinking of calling it Champion Beer with the logo on the bottle. Would I get in deep doodoo if I started making millions of dollars from my Champion Beer?

My guess is that the trade name and trade mark now belong to the company that bought out Champion.

[Pacer]

You can go to USPTO.gov and search for the mark. (it isn't always easy) You can find its owner and its status (LIVE or DEAD). Owners lose their rights in trademarks if they don't use them. However, if the buyer of the company and mark has nominal use, they can continue to own the mark.

In sum, if they stopped using it, eventually their rights will end.

As another problem, in that you are copying an image, someone created that image. By copying it, you have a copyright problem. Copyrights don't expire based on non-use. Copyrights expire depending on a multitude of factors depending on their creation date.

[Rich]

My guess is that the trade name and trade mark now belong to the company that bought out Champion.

Yes, most likely the logo was transferred to the buyer(s) as an asset associated with the business. However, trademark rights are incumbent upon use. With 2 years of no use, and without a bona fide intention to resume use, there is a presumption that the mark is abandoned and is in the public domain. If the buyer(s) stopped using the logo for an extended period of time it could be available for your use.

There other legal considerations since your intended use is on beer, and the prior use was in connection with paper (two totally different fields and products unlikely to cause consumer confusion), which work in your favor. However, unless the Champion Paper Logo is truly abandoned, I would avoid adopting the identical mark. There might also be separate copyright rights to the logo that could adversely impact your adoption of the identical logo even if it has been abandoned.

[PSurprise]

Thanks for the information. Maybe I will have a knight drinking a beer! Ha!

[OZZIE4DUKE]

Hi guys,
Do you know what happens to a logo when a company goes out of business? I live in a mill town where Champion Paper was located. It was sold to Int'l Paper and then sold a couple more times. They had this cool knight (champion) as their logo. Since they're no longer Champion, who has the rights to this image?

I've bottle my first batch of beer this last week and am thinking of calling it Champion Beer with the logo on the bottle. Would I get in deep doodoo if I started making millions of dollars from my Champion Beer?

If you need some qualified taste testers, there is a small Brunchgate this Saturday from 12:30 pm until 2:45 pm in the Card Gym Lot, spring football game to follow at 3 pm. I happen to know that DD, CB&B and I will be there and will offer our expert assessments of your first efforts if you'd like! CB&B may even offer some brewing suggestions if you'd like (or not). We'll even supply the burgers and dogs in exchange!

[PSurprise]

If you need some qualified taste testers, there is a small Brunchgate this Saturday from 12:30 pm until 2:45 pm in the Card Gym Lot, spring football game to follow at 3 pm. I happen to know that DD, CB&B and I will be there and will offer our expert assessments of your first efforts if you'd like! CB&B may even offer some brewing suggestions if you'd like (or not). We'll even supply the burgers and dogs in exchange!

I would love to go, but I'm not sure you'd like what I've brewed at the moment...I only bottled it this past Sunday, so it has at least another 4 weeks or so to get carbonated. Have you ever had uncarbonated beer? I don't think I'd recommend it

[OZZIE4DUKE]

I would love to go, but I'm not sure you'd like what I've brewed at the moment...I only bottled it this past Sunday, so it has at least another 4 weeks or so to get carbonated. Have you ever had uncarbonated beer? I don't think I'd recommend it

I've never brewed my own, so I don't know these things. But you're still welcome to come to Brunchgate on Saturday if you'd like to join us. Just bring some stuff, like refreshing beverages, with you! Post here and let us know if you're coming and what you're bringing!
http://www.crazietalk.net/ourhouse/v...444c4933f822a7

[cato]

Have you ever had uncarbonated beer? I don't think I'd recommend it

Heh. While I wouldn't necessarily recommend it, one of the joys of homebrewing is getting to taste the beer at the various stages, just to see how it changes during the process.

(And, conversely, one of the serious downers is, if everything didn't go right, reaching the end of the process with a beer that is not sufficiently carbonated, and therefore, doesn't taste right.)