Searching/applying TM and comapny names in other countries?

[UniQ]

Hi all!

I have some questions regarding TM's and company names, and how/what can be applyed for, and some other probable issues.

I wonder first how can I search TM (TradeMarks) and Company names (especially companies in the audio industry) allready taken in other countries.

I guess you guys in your respective country, at least somebody, might know if there are any searchable lists on any internet address and perhaps would be so kind and help me out or at least give a direction where to continue and search.

I also would like to know some few words about applying for a TM or a company name in other countries, (especially if the applicant is living in EU and want's to aplply in US for instance).

What kind of names or other problems may appear when applying for a TM or companyname.

Things to take in aspect when applying for a TM.

Pitfalls in general regarding this topic.

Well, I'm not an expert in this area so I have perhaps not asked the right questions/questions that should be asked, so these question will do for now.

Appreciate all valuable information that will touch the the topic.

Regards Michael

 

[SY]

For the US, you can search here:

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=t3m46n.1.1

One general thought- a trademark is like a patent in that it has value only to the extent that you're willing to pay lawyers.

 

[UniQ]

BTW, I got one question more.

What is "unregistered trademark"?

I saw this mentioned on the internet recently.


SY,

thanks!

I guess what you are saying is applying to if somebody else/a company is missusing "my" TM*, BUT.., does this also apply to if somebody want's to sue me for using my own TM I have allready received a permission from the PTO? Am I not as well protected?

(* What I mean is if I don't care to sue somebody else, I don't have to suffer economically(?), if I don't care regarding the first part of the sentence above.)

In my previous post here in "Everything else" I posted
Published designs on DIYAudio and Copyright, Patent and etc issues... and somebody answered if someone has a Copyright on something, he/she can then apply for a patent in the US if it's done no later than 1 year from the publishing date of the Copyright "stuff".
Does this also apply to TM, can anyone just publish on the internet for instance he's/here's new TM before applying to USPTO, or something alike?

Regards Michael

 

[SY]

Am I not as well protected?

In the sense that you could ultimately win in a lawsuit, yes. In the sense that you'd be able to pay for the defense when fighting against a large company in the US (where the lawyers rule) or Europe (where the big companies rule), that depends on your bank account.

 

[soongsc]

BTW, I got one question more.

What is "unregistered trademark"?

I saw this mentioned on the internet recently.


SY,

thanks!

I guess what you are saying is applying to if somebody else/a company is missusing "my" TM*, BUT.., does this also apply to if somebody want's to sue me for using my own TM I have allready received a permission from the PTO? Am I not as well protected?

(* What I mean is if I don't care to sue somebody else, I don't have to suffer economically(?), if I don't care regarding the first part of the sentence above.)

In my previous post here in "Everything else" I posted
Published designs on DIYAudio and Copyright, Patent and etc issues... and somebody answered if someone has a Copyright on something, he/she can then apply for a patent in the US if it's done no later than 1 year from the publishing date of the Copyright "stuff".
Does this also apply to TM, can anyone just publish on the internet for instance he's/here's new TM before applying to USPTO, or something alike?

Regards Michael

With copyright stuff, once created and released, you are automatically protected. There is not a very fine line between what is protected by copyright and what is protected by patents, so evlauations are conducted on a case by case basis.

As with trademarks, I think once it is approved, then you should be protected unless you violate copyright laws. Copyright belongs to the original designer unless the rights are released.

 

[soongsc]

In the sense that you could ultimately win in a lawsuit, yes. In the sense that you'd be able to pay for the defense when fighting against a large company in the US (where the lawyers rule) or Europe (where the big companies rule), that depends on your bank account.

If the Lawyers see a good winning possibility, they will be willing to share what you win without you paying up front. So that would be an indication of your possiblities of winning and what you can get. Most likely you would go so large legal firms in this case because they have the finances fit to invest in this kind of cases.

 

[SY]

That's sometimes true if there's millions in damages by a large company with deep pockets- we call that contingency. It does you no good if a large company decides to sue YOU; you'll hear a retainer figure equal to the price of your house.

 

[soongsc]

That's sometimes true if there's millions in damages by a large company with deep pockets- we call that contingency. It does you no good if a large company decides to sue YOU; you'll hear a retainer figure equal to the price of your house.

Well, most larger companies have better things to do. Only the ones that are doing bad would try to make a big deal out of something small.

 

[SY]

Tell that to Monster.

 

[soongsc]

Tell that to Monster.

Do they sue lots of people?