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I need DU help! If you know about Trademarks, and can apply for one, click here!

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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 03:56 PM
Original message
I need DU help! If you know about Trademarks, and can apply for one, click here!
Edited on Fri Jan-05-07 03:57 PM by rpgamerd00d
I wish I could do this myself, but I cannot, so I need the help of someone on DU.

I need someone to apply for a Trademark.

In order to do so, you have to show that you are using it, or intend to use it, in intertate commerce for a good or service. Note, that a Blog that generates some kind of revenue would qualify for this.

So, you're probably wondering what is it that we need to trademark?

Simple.

"The Official Truth Squad".

:rofl: :rofl: :rofl:

We need a logo that looks like the one the Repukes use, because the Trademark application requires an example of the Trademark.

So, we need:
1) a graphic "The Official Truth Squad".
2) Someone to file the application that is willing to establish it as official, meaning actual intent to use it in business (like I said, a Blog would likely qualify).

Anyone ?
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:00 PM
Response to Original message
1. That is for a REGISTERED trademark, and isn't necessary
Just put a TM next to it (if you are selling a product, SM if you sell a service), but NOT a circle-R (the registered mark). If you use the circle-R instead of the TM, without actually registering the mark, you forfeit the right to trademark forever. Save your money, just put a TM on it, put it on a letterhead and business card, and mail them to yourself -- a USPS postmark is valid proof of when you first used the mark.

(This is not meant to be a substitute for genuine legal advice. I am not a lawyer, but hold hundreds of copyrights and a bunch of trademarks.)
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:06 PM
Response to Reply #1
2. Would that be good enough to sue the Repukes in Congress?
I want to prevent them from having their retarded "The Official Truth Squad" lie sessions.
Can I shut them down without being fully registered?
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:09 PM
Response to Reply #2
3. If you plan to sue, you should register
But be forwarned...it can be an expensive process. Trademark searches (to be sure you haven't stepped on someone else's mark), lawyer's fees, application fees. Unless you're very serious about doing this, I wouldn't recommend it. Especially if they've already used that "The Official Truth Squad" line somewhere else. All they have to do is prove that they were using it before you registered it (which could actually go against you in other ways, ie; an TM attorney could theoretically counter-sue you for trying to scam their name.

Tread lightly.

.
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:11 PM
Response to Reply #3
5. Ahh, bummer.
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Selatius Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:10 PM
Response to Reply #2
4. You should get it notarized to prove you trademarked it before the Repubs used it.
Edited on Fri Jan-05-07 04:11 PM by Selatius
If you can go to the bank, get it notarized by a public notary, and prove you had it before the Repubs used it, you should be good in a court of law. That's my opinion on it, anyway.
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:12 PM
Response to Reply #4
6. Notorizing or a postmark
Even better, mail it to an out-of-state "client" and have him mail it back. But DON'T EVER OPEN THE ENVELOPE. All you want is the postmark. File it, and it is your proof should you ever wind up in court. Plus, by mailing it across state lines, you validate the "interstate commerce" angle.

.
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:22 PM
Response to Reply #4
7. But the repubs have used the slogan for over a year now. On tape.
I guess this is moot then?
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:25 PM
Response to Reply #7
9. Yeah. Drop it.
It was a neat idea, but not practical.

.
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Pab Sungenis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 04:24 PM
Response to Original message
8. Too generic a term.
It would just get kicked back after six months or so in review hell.

Save your $300+.
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El Fuego Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-05-07 05:02 PM
Response to Original message
10. *ahem* I work in Intellectual Property Law
Edited on Fri Jan-05-07 05:06 PM by El Fuego
It's easy to apply for a trademark without an atty, but there's a $375 filing fee, per class. If it's not being used, you just file an intent-to-use application.

Also, you can trademark the graphic with the words, or just trademark the phrase itself, or both if you want pay for two separate applications. Doing the words alone gets you broader protection.

Trademarks have to go through a prosecution process, and if it's deemed to be "confusingly similar" to some other mark it would be rejected, but you could respond with arguments which show that it isn't. If it's met with some resistance at the PTO you might need the assistance of someone with experience.

After the mark is allowed, it is published in the Offical Gazette for purposes of opposition. If it does look just like the repuke logo, they will probably oppose the registration of your mark. And if you fight it, an opposition proceeding will cost you big big BIG buckaroos!!!

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