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Best place to register a trademark?

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Jernet

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Never registered a trademark before but am thinking about doing so with one.

Who is the best value for the buck? Good experiences?

Also, if you own superduperdomains.com, can you trademark "super duper domains" and "superduperdomains.com" at once, or is there no need? Extra costs?

I am looking to trademark the dotcom especially, but the phrase would be nice as well.
Thanks.
 
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Theo

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You don't trademark the domain, you trademark the word or phrase that represents your products or services.

Here is a good resource of related information.
 

David G

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You don't trademark the domain, you trademark the word or phrase that represents your products or services.

But nothing wrong with it which also gives you the nice benefit to display the registered trademark image on your webpage and in promotions.

With generic words it should be much easier to get a TM on the domain.
 

jdk

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Also, if you own superduperdomains.com, can you trademark "super duper domains" and "superduperdomains.com" at once, or is there no need? Extra costs?

I am sure each would be a seperate application and fee
 

Domagon

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Never registered a trademark before but am thinking about doing so with one.

Common law TM, which occurs through usage of a brand name in commerce, is enforceable to some extent.

In my view, unless there is a pressing need to register it right now, if funds are tight and/or you're unsure of the viability of your business, you may do better to hold off on filing.

Who is the best value for the buck? Good experiences?

Best for the money ... well, that's an easy one ... DIY at the http://www.uspto.gov/

If you need help filing, but don't want to spend much, you may be tempted to use of of the numerous semi-automated paid services, but those, in my view, are often a waste of money, because they typically just assist in filing out the form and don't provide any real legal advice.

Also, if you own superduperdomains.com, can you trademark "super duper domains" and "superduperdomains.com" at once, or is there no need? Extra costs?

Either one or even both. It all depends on usage. Each registration will cost around $325 each, plus additional money if you register them in more than one class.

A domain name may be registered as a U.S. Federal TM, but typically is frowned upon by examiners unless one can explicitedly document the domain name overtly being used in commerce as a brand name itself as opposed to its normal function of an internet address.

If unsure, register the TM without the .com part in the way you typically use it in commerce ... ie. if you use "SuperDuperDomains", then TM that ... or if you use, "Super Duper Domains" with spaces between, then TM it that way.

I am looking to trademark the dotcom especially, but the phrase would be nice as well.
Thanks.

If in doubt, registering the phrase is better and more flexible - TMing a domain, ignoring for a moment the possibility it could be rejected anyways, is often more limiting.

Ron
 
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A D

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fab

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Best choice is using a qualified lawyer in the field of TradeMarks.
 

cyberlaw

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Just a quick note on this.

I think the various non-lawyer "filing services" are generally not good value. For every application that gets approved via those services, there are probably as many or more that are abandoned because the applicant never even sees an office action. I get a lot of calls from folks that originally filed via a filing service and never got past the first office action. When that happens, you've lost the filing fee and the service fee, and most people just end up hiring an attorney at that point anyway.

You should hire an attorney the first time or simply spend the time to learn enough to do it yourself with the trademark authority in your jurisdiction. Just be willing to spend the time to handle any problems that may come up.
 

Gerry

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With generic words it should be much easier to get a TM on the domain.
Generic words are not trademarked, by law.

It is how you use and display the word (design, graphic, etc) that can be trademarked.

I had an account executive argue with me and a client during a meeting that the client could not use the number 3 in his design and business name because Dale Earnhardt owned the number 3.

I fired the dumbass the next day.

On another note, I am in the process of finalization with a trademark as we speak.

I used LegalZoom to do the filing.

They entered the entity incorrectly on the filing.

I had to make a change via internet on as electronic form.

I had never registered a TM for myself.

This was a first.

I had been involved with numerous but these were usually handled by either our or the client's legal team.

I dealt with many issues involving international trade.

I can not endorse one online service over another because this is the first for myself.

However, they were great to call or email if I or they had a question regarding anything.
 
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Jernet

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I had an account executive argue with me and a client during a meeting that the client could not use the number 3 in his design and business name because Dale Earnhardt owned the number 3.

I fired the dumbass the next day.


lol :lol:
 

syedi

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by the way where to park trademark domains.....
 

Mike Cruz

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Nice, have been looking into this for a while, thanks for all the good info here.




by the way where to park trademark domains.....
lol..............
 

cyberlaw

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I used LegalZoom to do the filing.

They entered the entity incorrectly on the filing.

A perfect example of why you should do it all by yourself or hire an attorney in the first place. The filing services have a lot of drawbacks, not including simple errors like these.
 

Gerry

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A perfect example of why you should do it all by yourself or hire an attorney in the first place. The filing services have a lot of drawbacks, not including simple errors like these.
Other than that, everything was smooth.

Yes, I did have to make the correction on the USPTO website. It was a simple mistake of entering business name vs. personal name.

And I do feel confident I could do it myself from start to finish having reviewed all the documents numerous times.
 
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