Wednesday, October 10, 2012
Of Blogs and Trademarks ...
|In a post-Eastwooding world, all empty chairs have meaning|
- To qualify for a registration, a trademark owner must be engaged in commerce regulated by the U.S. government. You can satisfy this requirement if you are writing the blog to attract clients, offer or advertise for services, or if you are leveraging the blog for income, for example, from Google Ads or affiliate programs. Note: this registration will only guarantee protection for use of the mark with your blog. Once you begin consulting services, you may want to file a separate application for those services.
- Yes, you can establish a trademark even if you don’t have an official business registration (that is, you haven’t filed a DBA, or created an LLC or corporation). You can always transfer the ownership and registration from your sole proprietorship to another entity.
- You should file an application for the name that consumers associate with your business. Usually that doesn't include the generic top level domain extension (.com, .net, .org, etc.). If you do seek to register the full domain name you will most likely have to disclaim the extension. (We discussed disclaimers in a previous post.) With a federal registration, you can stop others who use the domain name in bad faith
- Each mark should be the subject of a separate application. No, you don’t need to register related trademarks at the same time. Note: you must pay the fee (approximately $300) for each class of goods or services for which you want protection.