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PICList Thread
'[PICLIST] [OT] Brand Names/TradeMarks registration'
2001\05\09@111802 by John Waters

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Hi all,

I've made up a brand name for my product, but not sure if it has been used,
is there any website where I can check for all kinds of Brand Names that
were already registered in Canada and USA (or even in Europe)?

If I use a brand name already registered by someone. How close could my
product be similar to his?

Thanks.

John
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2001\05\09@113427 by James Paul

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John,

I don't know about Canada, but in the US, you can check the USPTO,
(United States Patent and Trademark Office).   There is a website
directly to them.  I can't remember it's URL at the moment, but a
search should bring it up quickly.   Also, there are repositories
around the US.  I know of one at Rice University in Houston.
I know that one because I've used it before to search patents.
Hope this helps you out some.


                                             Regards,

                                                Jim





On Wed, 09 May 2001, John Waters wrote:

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2001\05\09@113432 by Andy Faulkner

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I asked the same question to our in house patents and
legal advisor who said the following.

To get a trade mark, you have to:

1. make a trade mark search to establish whether or
not the word has already been registered by somebody
else as a trade mark; if so, you can speak to that
person to see if they are actively using the mark or
whether they wouldbe prepared to sell it to you; if
not, see below.

2. make an application for registration at the Trade
Mark Registry of the Patent Office. You can make an
application for registration in the UK, European
Community or worldwide.

3. wait about 18 months for the registration to come
through. The time is necessary to allow people to
object. For example, if somebody is using the name
already (unregistered), then they will object to the
proposed registration and may get a priority based on
usage, in which case your application will be
refused. If no objections are raised, then see below.

4. pay the fee, which in the case of the UK trade mark
is around #1500,European Community mark around #1900,
and worldwide much more expensive depending which
countries you want to register it in.

This is what it takes. Oh, and a search costs about
#300.

Hope this helps


Andy Faulkner


--- John Waters <.....john_fm_watersKILLspamspam@spam@HOTMAIL.COM> wrote:
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=====

Andy Faulkner andyf97spamKILLspamyahoo.com
Pyrosync International http://www.pyrosync.co.uk

Tel +44 778 896  6087.....................UK Dial 0778 896 6087

Fax +44 870 132 3275.....................UK Dial 0870 132 3275
http://www.event-supplies.co.uk http://www.spectacular-fireworks.co.uk


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2001\05\09@113752 by Harold M Hallikainen

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You can try a trademark search at http://www.uspto.gov

Harold

On Wed, 9 May 2001 11:18:02 -0400 John Waters
<.....john_fm_watersKILLspamspam.....HOTMAIL.COM> writes:
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2001\05\09@120417 by Jeff DeMaagd
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----- Original Message -----
From: John Waters <EraseMEjohn_fm_watersspam_OUTspamTakeThisOuTHOTMAIL.COM>

> I've made up a brand name for my product, but not sure if it has been
used,
> is there any website where I can check for all kinds of Brand Names that
> were already registered in Canada and USA (or even in Europe)?
>
> If I use a brand name already registered by someone. How close could my
> product be similar to his?

I'd stay as far as possible.  I think there are lots of categories that you
can register under.  I think you can have an ACME brand shoe and some other
company owns the name for ACME brand computers and if they actually try to
sue each other I think the judge gives you a verbal "spanking" for being
idiots, so companies try to register in as many applicable categories as
possible.  I read somewhere that Intel even registered their name under
shoes and other rediculous things unrelated to electronics.

It gets more confused with domain names, I think Proctor and Gamble tried to
sue ajax.org or something, even though it had nothing to do with soap and I
believe ajax comes from ancient Greek, so it's not stealing the name from
P&G.

In short, if you are really doing a real product, get a real copyright &
trademark lawyer.

Jeff

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