Specifically, the name of a computer I am selling.
Anyone know how complicated it is? I just don’t want any copying me is my worry.
http://www.uspto.gov is your first stop.
It will cost you a bit. And you have to renew it every 10 years and also keep using it. And then sue people for infringement.
All the info you need is at the link BobT provided. Just to elaborate, the process is very simple and should not require an attorney unless your trademark gets challenged. To file a trademark application, you can just fill out the online form. If you’re already using the name in commerce, you can file a real application. If you’re not using the name yet, you can file an intent-to-use application. Then, when the mark has been reviewed, you will have a short period of time to provide evidence that you are using the mark in commerce before the registration is final. All of these steps are simple, USPTO provides good online forms and guidance, and IME they are helpful and responsive to emails if issues arise during the process.
Part of the registration process is to publish your mark for public review. This gives other trademark holders a chance to challenge your application before it’s complete. If a challenge occurs, the process gets more complicated and you may need someone with experience to handle things.
I actually had to research this a couple of years ago for The Internet Oracle. The first thing you do is make sure no one else has claimed Trademark first. If they have, and it’s registered, then TDB; you’ll need to find a new name. Another thing to consider is whether someone else has been using the name first for some time. If they have, and you register the trademark, then be prepared for some legal battles.
Once that’s sorted out you have two options: do you want to register your trademark with the US Patent office? If yes, then get a lawyer. If no, then just claim Trademark.
That’s the advantage Trademark has over Copyright. You do not have to register a Trademark to claim a trademark. You do need to 1) have used the name for a long time, and 2) make sure no one else has used the name for longer or more publicly.
You’re right that you can claim trademark status using the TM sign without registering anything, but how is this an advantage over copyright? Copyrightable materials are automatically copyrighted the moment they’re created, you don’t even have to assert the right. All registration of a copyright does is change the legal consequences of infringment somewhat.
Perhaps advantage wasn’t not the right word. What I meant was that it is more feasible for someone to claim trademark by using the TM sign and adding the clause “X is trademark of Y” without having to register. You cannot do the same for copyright - You have to register copyright. At least that is how I remember the nice patent lawyer explaining it to me. Not that they are analogist - I was attempting to give a “for example”. A bad one as it turns out.
No, you don’t. Copyrights are automatic even if you don’t put a “Copyright <date> by <name>” tag on it. Registering a copyright provides two benefits - it makes it easier to prove infringement since you have a copy on record with USPTO and the penalty is more severe for infringement (because you’re allowed to sue for more than just real damages caused by the infringement). But copyright itself doesn’t require you to do anything more than create some copyrightable content.
Fair enough. I misremembered the conversation from eight years ago. Thanks for setting me straight.
I should go back to questions regarding pools and telecom.