Someone just told me if I create a TM with an image of my product in it, it is even better than a design patent because TM laws are longer and wider coverage. Is that true? Lisa Lloyd

Lisa

I got your site to work for me and registered and paid . . .excited to see this wonderful resource!



I read all your posts—seems like trademark isn’t really worth the hassle to me if all I want to do is protect my use of words that are key to my ministry:

(example: “The _title_ of my book” —is licensing better—or just a copyright?




what do you think?



And how about the name of a new ministry I am doing for women ?

How do I handle new name _title_ of a new ministry/business/ organization?

Advice?



And another question: What is the TM after a name—do you pay for that? When is it right to do that after a name?



Pamca

Author/speaker

Yes, you are correct in your general assessment of TM's. I would recommend you put a TM next to _title_s and names you will be using in commerce. It is also great if you can keep good records of the first time you use it in commerce or across state lines. This way, if someone came in and tried to take it, you would be able to prove you have been using it first and they would not be able to take it away...even if they went to the USPTO.

I would recommend you do a search at the PTO to make sure you are not infringing on someone else's name too. Just go to www.uspto.gov to be sure. Lick on Trademarks and Search. Note that using a TM that is confusingly similar is not allowable, so search all the variations at the same time that someone might use like yours. If they are using the name to sell T-shirts, that is not confusing and dose not prohibit your ministry from doing it, you just couldn't sell T's.

As for the TM at the end of your name, it is free. It simply puts people on notice that you are claiming rights to that name. Assuming you have done the due diligence mentioned above. It is FREE. If you want the right to put a circle R at the end of the name, that is what you get when you apply for and are approved by the USPTO for the registered TM.

Hope that helps. Keep checking back, others will probably comment as well. Lisa Lloyd