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Thread: Registering A Trademark?

  1. #21
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    So, I explain the TM issue w/my sis. And she had ask me what if someone else did the exact logo or there's one out that looks a bit like hers, what should she do? I told her that all we neeeded was the oringal file and proof that she had the oringal logo. Is that correct? She also ask is there any site where we can see if our logo looks like any others. Is there a such thing?

  2. #22
    Domo Arigato! Ultima Designs's Avatar
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    Well, you're right about the original file and all.

    As for comparing the logo, I don't know of any site that will help you with that...
    I really enjoy forgetting. When I first come to a place, I notice all the little details. I notice the way the sky looks. The color of white paper. The way people walk. Doorknobs. Everything. Then I get used to the place and I don't notice those things anymore. So only by forgetting can I see the place again as it really is.

  3. #23
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    Ok, just figer that I will ask about the site thing. She keeps, telling me 'what if this or that happens', etc... Anyways, thanks again for helping me out.

  4. #24
    illusion luvenny's Avatar
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    Quote Originally Posted by Ultima Designs
    The poorman's trademark is a myth...it is not legally valid by any means. It relies on the assumption that being the first to invent something gives a person rights. In the U.S., being the first to invent something creates rights only if you file for a patent. And you can't patent a logo. You patent something if it is a unique way of doing something.

    Like I said though, there's really no necessity to register the trademark for the logo. You get plenty of protection simply by putting TM after the logo, and it is free.

    If you're not sure of the laws, though, you should in the end obtain professional legal advice.
    erm ok i'm a dumbass about these stuff, but the recent microsoft vs apple ipod suit? i thought that is exactly this? no?

  5. #25
    supervillain gerbick's Avatar
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    That was a patent dispute... and prior art - they had actually produced, mass marketed, and shipped the actual/factual iPod months before the Microsoft patent filing.

    Prior art is basically when something exists prior to the filing... sorta like what happened with that Microsoft/Eolas case. Search for that one... that one could have been major. But the fact that the browser existed before the claim... that's what won the case ultimately.

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  6. #26
    illusion luvenny's Avatar
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    exactly, so what Ultima said didn't hold, did it?

    this line:
    It relies on the assumption that being the first to invent something gives a person rights. In the U.S., being the first to invent something creates rights only if you file for a patent.
    hope i'm not misunderstood anything...

  7. #27
    supervillain gerbick's Avatar
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    naw. what he said still holds... we're talking about patents when it comes down to what you mentioned... and the words prior art... that's not something you can factor in when it comes to Trademarks. Want prior art for a trademark, you have to register it... that's protection. Slapping down a TM is enough to get most people to back off in most cases... but registered trademarks will ultimately win.

    When you apply/pay for a patent, that's paying for "protection"...

    For instance... I know a guy very well that invented a way to interpolate between motion capture data animation sets/matrices and do it in a manner that would be less CPU intensive than the current methods in a way that's never been thought of before. He never applied for a patent... along comes a big name video game company that saw his "invention" and method, and they basically pulled out the same thing a year later after doing some serious research... they copied him.

    Guess what... he'll get no prior art defense because he did not apply for a patent. The copying company did... and by the time he either shows that he had the process up and running first or gets that company to pay him for stealing his idea... he's going to waste a lot of money trying to prove just that... would have been a cheaper investment to register the patent in the first place... then he could have won a prior art case against the big, bad video game company.

    True ****ing story.

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  8. #28
    illusion luvenny's Avatar
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    okay got it.

    if you file for patent, you win.

    if you don't, you just have to prove that you did it before others.

  9. #29
    supervillain gerbick's Avatar
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    and even that's a crapshoot. things like computer records aren't really regarded by most courts.

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  10. #30
    Banned indivision's Avatar
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    Ultimately, patent, trademark and copyright law is like it's own industry with plenty of gray area in various circumstances. There are many lawyers that spend their entire careers working only with this subject. So, if you're talking about protecting your ownership rights to something complex or far reaching, it is wise to spend a lot of money on a specialist lawyer that knows how to cover all bases.

    However, copyrighting logos or company names is not rocket science. You should be able to meet your clients needs fairly inexpensively by going with a basic law service company and sending them original copies of the artwork. I've used http://www.legalzoom.com/ for similar things.

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