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Basic trademark question

storybookstudiostorybookstudio subscriber Posts: 7
edited August 2006 in Protecting Your Ideas
Ok...I know that I should already know the answer to this, but I am plain old sick of researching! I feel like that`s all I ever do anymore ;0)
I want to trademark my company name, Storybook Studio. There is a company with the same name, but it is a wedding photography company - I manufacture art/craft products. Can I register for the same name because my logo and business is different...or do I have to come up with something else? I looked up trademarks on the uspto.gov website - and I will pour over it tonight, but just wondering if someone had a quick answer to this.
Thanks!!
Melissa
 
 
 
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Comments

  • Coach4UCoach4U subscriber Posts: 0
    I would like to suggest www.legalzoom.com</A>.  They will answer all of your questions and file the application for you at 1/2 the cost a lawyer would charge you.  I used them for my trademark application.  Good luck!
    Norma
    www.theExecuCoach.com
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  • drdesignsdrdesigns subscriber Posts: 1
    Melissa, here are some more web sites that deal with this topic. Scroll
    about half-way down and you`ll see "Logo, tradename and trademark
    searches"

    Click Here: http://www.creativebusiness.com/resource.lasso
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  • storybookstudiostorybookstudio subscriber Posts: 7
    Kim - That is exactly the kind of nightmare I`m trying to avoid. Thanks for sharing your experience. I do not think I want to take this on myself. I get a headache just looking at the information on trademarks.
    Norma - Thank you very much for the suggestion. I will definately check them out.
    I have another question. My kit doesn`t neccessarily require a patent - it doesn`t contain anything revolutionary. However, I would like to create a copywrite on my designs. Do I need to file a separate copywrite on each and every design, or can I copywrite an entire collection (all of the designs in the kit for example).
    Melissa 
     
     
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  • storybookstudiostorybookstudio subscriber Posts: 7
    Thank you Doris - you must have posted at the same time I was...I didn`t see this one. I will check them out!
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  • storybookstudiostorybookstudio subscriber Posts: 7
    Just bumping this up to see if anyone can help with my second question. Thank you!

    Kim - That is exactly the kind of nightmare I`m trying to avoid. Thanks for sharing your experience. I do not think I want to take this on myself. I get a headache just looking at the information on trademarks.
    Norma - Thank you very much for the suggestion. I will definately check them out.
    I have another question. My kit doesn`t neccessarily require a patent - it doesn`t contain anything revolutionary. However, I would like to create a copywrite on my designs. Do I need to file a separate copywrite on each and every design, or can I copywrite an entire collection (all of the designs in the kit for example).
    Melissa 
     
     
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  • storybookstudiostorybookstudio subscriber Posts: 7
    Steve,
    Thank you very much for this information. I`m feeling a little more confident about filing myself now. 
    The other company doesn`t really have a logo with graphics - they are basically just using the name. They are a wedding photography company, and I`m not too worried about it. But, would I be correct to think that if I file for the trademark and Uncle Sam approves my application officically registerering my mark, that another company with the same name cannot sue me?
    I will be filing as an LLC (currently sole-proprietor) and am currently looking into business insurance. Thank you for the advice on the minimum per incident. I really appreciate your feedback on this - it`s so overwhelming getting all of the start-up details taken care of. I can`t wait until it`s over.
     
    **Update** - I just filed, and it was pretty easy. Hopefully they won`t have any issues with it. Thanks everyone!
     
    Melissastorybookstudio2006-8-30 12:53:20
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  • williamwilliam subscriber Posts: 2
    Once registered it is very difficult to sue.  The examiner will look at date of filing if there are other registered filings.  Keep all your documentation.  The source or orgination date is the first thing that is looked at and determines the first party of creation.When the name is common, such as mine (net-net tech, llc), it is too common to file.  However, I`m adding a logo to my website which should give it original content.To directly answer your question, a company can sue the company (not you) anytime they wish.  When your company is registered the entity sueing will have a difficult supporting their claim.I wouldn`t lose sleep over it.  The company might need "umbrella insurance" to cover such lawsuits to play it safe.Glad to hear your progress.  I am into my third year.  I am the 10% that is still in business.  I wish you the best!  Regards.
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