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Old 07-13-2018, 04:14 PM
ArtMaybe ArtMaybe is offline
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Join Date: Jul 2017
Posts: 59
 
Any online user forums for TRADEMARK Issues?

I'm launching an Artist website. There will be a special feature involving blog posts on a particular topic. I have a clever name and graphic for that feature, and the concept might actually be "worth stealing."

The name/graphic will appear at the top of blog posts, at the top of that section of the website, and in my social media posts on that topic. I want to build audience recognition for the feature by way of the name and graphic in question.


But I don't know where to begin. I can register my own trademark in the USA, but first I need to determine:

1) Is it necessary to register this as a trademark? A trademark does not always need to be registered, as when displaying "TM" within the content.

2) How many of the elements should be registered? There's the feature name, a slogan, the logo/graphic image, a specific color, etc.

It looks to me as though protecting multiple elements makes it easier to circumvent the trademark by changing one or more elements... I'm NOT sure if that's true.

I can't afford an attorney, so I'd love to find a FORUM online where members share this kind of information. Thanks.
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Old 07-14-2018, 01:50 PM
Harold Roth Harold Roth is offline
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Join Date: Sep 2013
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Re: Any online user forums for TRADEMARK Issues?

You can do a search of the USPTO's database to see if anyone has a similar trademark. Outside of that? I've seen two trademark battles go down, both of which involved someone trademarking something that was already in use, with the intention of making money off that trademark. Both lost their attempts to trademark (so people who had been using the phrases without trademarking it won because they used it first), but it was a long involved battle in both cases. With lawyers involved.

I saw a competitor use a phrase I had created to sell the same product. I never trademarked it. She put a TM on it even though she had not registered it. Eventually she went out of business. I still use that phrase. Sometimes these things are a simple matter of persistence.
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