Trademarks and legal issues

 I'm looking at how someone might want to go about coming up with a name for their business:


Here's some basics about trademarks:

I asked ChatGPT "How much does it cost to trademark something, and is that the right way to go about making sure your business name isn't "stolen"?


The cost of trademarking can vary depending on several factors such as the jurisdiction, the type of trademark (wordmark, logo, etc.), and whether you use legal assistance. In the United States, for example, the cost to file a trademark application with the United States Patent and Trademark Office (USPTO) can range from a few hundred to a few thousand dollars, including filing fees and any legal fees if you hire an attorney.

Trademarking is generally a good way to protect your business name, brand, or logo from being used by others in the same or similar industry. It provides legal recourse if someone else tries to use your trademark without permission. However, trademarking alone may not prevent others from using similar names or logos if they operate in different industries or if there are other factors at play.

In addition to trademarking, it's also important to conduct thorough research to ensure that your chosen business name is not already in use by another company. This can help prevent potential conflicts and legal issues down the line. Consulting with a trademark attorney can be helpful in navigating the trademarking process and ensuring that your intellectual property is adequately protected.

 

Where do I research trademarks? https://tmsearch.uspto.gov/search

  • Make sure you not only check the name, but also the type of business you're conducting.  You may want to look up as many alternate names as your time allows for not only the business name, but also the type of business, if you want to be truly thorough about it.  This can be especially important if you run into issues with another company in whatever business category or categories you are eligible for.


And I looked up what it takes to maintain these trademarks after it's installed.

Required filings

You must file these documents within these deadlines to keep your trademark registration alive:

We send courtesy email reminders when you have an upcoming deadline for a maintenance filing. However, even if you don’t receive a reminder, you must still file these documents on time. 


If you don't mind not having it trademarked, and you're willing to chance someone taking the name, maybe don't bother with this research, but be ready to lose your brand/name.  Maybe make a plan however that if or when you make your first x amount of income, you use at least y% towards making your trademark happen, especially if it's simply a matter of money.  You could alternatively wait until some specific anniversary of your establishment date to see if you've made as much money as you think it would make sense to trademark it.  Maybe x could be 3 times your annual rent, and y could be the same percentage as you are A) taxed or B) willing to donate towards your family.  And I would definitely recommend you have a business bank account to separate that out so that you are clear liability wise from losing it to any personal lawsuits.  


I have just learned (2/20/2024) about the CAI Content Authority Initiative, and I was able to see its "Verify" page in action.  https://contentcredentials.org/verify

No surprise, it was able to detect that I had made changes with Ai on this image and on exactly which day I did it last year.


It's funny because I'm so disorganized that I was actually looking for this image and I didn't know where it was today.  Now I know it's possible to look it up like this; weird.

This could come in handy if you suspect a suspicious image on say Facebook or something of being altered.

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