General FAQs
How can you provide so much
for such a low price?
What is the difference
between a Trademark "TM" and a Copyright ©
Trademark FAQ
- What is a trademark?
- Use of the "TM", "SM",
and "®" symbols
- What is the difference between a business
name and a trademark or service mark?
- What laws offer protection to trademark
owners?
- What types of marks are the most easily
protected?
- Are Internet domain names covered by the
trademark law?
Copyright FAQ
- What is a copyright?
- How do I establish a copyright?
- Who can claim copyright?
- Do I have to register with the U.S.
Copyright Office to be protected?
Our services are fully automated and set up to save time and money. We have established associate law offices in other countries to facilitate foreign registrations. For example, our office for the European Union is located in the same town as the headquarters for trademark registration..
They are both generally described as intellectual property or
intangible property because they are property rights that cannot be touched or felt like
personal property (car) or real property (land). However, the terms have different
meanings and define different things.
A mark (®, TM, SM) protects a word, phrase, symbol and/or design used with a product or
service on the market. A trademark is often referred to as a brand. Trademark rights may
continue indefinitely, as long as the mark is neither abandoned by the trademark owner,
nor loses its significance in the market place as a trademark by becoming a generic term,
(e.g. escalator, linoleum, zipper). Your web site name, business name and logo should
be trademarked to protect it against another business claiming the trademark using
your name, logo and or web page and shutting down your site.
A copyright (©) protects the original way an idea is expressed, not the idea itself. It
includes artistic, literary, dramatic or musical works presented in a tangible medium such
as a book, photograph or movie. This protection is given to works to prevent unauthorized
copying. The general rule for a work created on or after 1-1-78, is that the copyright
lasts for the author's lifetime plus 70 years after the author's death, or 95 years after
publication for a work made for hire.
A trademark (TM) is either a word, phrase, symbol, or
design, or combination of words, phrases, symbols or designs, which identifies and
distinguishes the source of the goods or services of one party from those of others. A
service mark (SM) is the same as a trademark except that it identifies and
distinguishes the source of a service rather than a product.
Some examples of a trademark are Nike (tennis shoes) or General Motors
(automobiles). Some examples of a service mark (SM) are Blockbuster (video rental
service) and as a general rule any domain address (URL).
Anyone who claims rights in a mark may use the TM or SM designation
with the mark to alert the public to the claim. The registration symbol ®,
may only be used when the mark is registered in the PTO. Both registered and unregistered
marks have a private right of action (legal protection) under the Lanham Act. 15 U.S.C. s
1114(1) (1994).
The name that a business uses to identify itself is called a
"trade name". This is the name the business uses on its stock certificates, bank
accounts, invoices, etc. If, however, a business uses its name to identify a product or
service produced by the business, the name will then be considered a trademark or
service mark. If a trade name is used as more than just the company name and informs
consumers where a product or service is coming from, then it is being used as a trademark
or service mark. For example, if the name is used as a noun, ("You can get your
traveler's checks from American Express"), it is a trade name; if used as an
adjective, ("You can get your American Express traveler's checks here"), it is a
trademark.
The basic rules for resolving disputes over who is entitled to use
a trademark come from decisions by federal and state courts. These rules usually favor the
business that prove first use of the mark. There are a number of additional legal
principles and statutes known collectivly as the Lanham Act , 15 U.S.C. §§ 1051 - 1127.
Congress enacted the Lanham Act under its Constitutional grant of authority to regulate
interstate and foreign commerce. See U.S. Constitution, Article 1, Section 8, Clause 3. A
trademark registered under the Lanham Act has nationwide protection. See § 1115 of the
Act. In addition, all states have statutes that govern the use and protection of marks
within the state's boundaries.
Marks that are distinctive and memorable because they are creative
or out of the ordinary or because they are well known through their use over time. Unique
logos, such as McDonald's, or made-up words such as Exxon, or words that invoke
imaginative images, such as Double Rainbow, or words that cleverly connote qualities about
the product or services, such as Slenderella diet foods.
Marks that consist of common or ordinary words are not considered inherently distinctive
and receive less protection. Examples of these types are people's names, such as Joe's
Coffee House, or geographic terms, such as Arizona Insect Control, or descriptive terms,
such as Ice Cold Ice Cream.
YES! Legalname.Com gives the web site owner this protection. The owner of a
web site can trademark the domain name using a TM or SM to distinguish the site. Important! ICANN contends if a trademark holder disputes the
ownership of the domain (YourSiteName.com) and the domain owner has no proof of a
trademark, the address can be suspended. For example: Toy maker Hasbro Inc. has an
injunction preventing "candyland.com" from using its adult site. Hasbro intends
to host its "Candy Land" children's board game on the URL
"candyland.com".
A copyright is a form of intellectual property law which protects
original works of authorship including literary, dramatic, musical, and artistic works
such as poetry, novels, movies, songs, computer software, web sites and
architecture. A copyright does not protect facts, ideas, systems, or methods of operation.
Your work is under copyright protection the moment it is created
and fixed in a tangible form so that it is perceptible either directly or with the aid of
a machine or device. Legalname.Com provides you with what you need in order to place a
Copyright Symbol and Copyright Notice to the world on your web site.
Under the copyright laws, the creator of the original expression in
a work is its author. The author is also the owner of the copyright unless there is a
written agreement by which the author assigns the copyright to another person or entity,
such as a publisher. In cases of works made for hire, the employer or commissioning party
is considered to be the author.
No, however you will have to register if you wish to bring a
lawsuit for infringement of a U.S. work. Our service provides a Copyright Notice and
symbol in both html code and in text along with a "Notice of Infringement" which
is very intimidating and may prevent a lawsuit.
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