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- Page 2, Incorporating, Trademarks, Domain Names -

II. Checking and Registering Your Trademark

A trademark is the best way to protect your company name, symbol, or unique slogan from later use by a competing company. (A copyright is for published work and a patent is for inventions or specific, identifiable invention ideas) When duplicate uses of the same name occur, courts look to issues such as whether the companies are in direct competition to one another and whether the businesses operate in the same area to decide whether this duplication will result in confusion to the customer. If legitimate confusion exists, the company with first priority to the name will prevail.

For example, if a company calls itself "intel2" and attempts to market computer chips in the United States, this would probably be confusing to people who know of Intel computer chips. They may think Intel2 is a byproduct of Intel and therefore buy from them instead. Obviously this would result in harm to Intel in name and in pocketbook. Therefore, Intel2 would probably be enjoined from using that name as Intel can establish first priority to it. However, if Intel2 was located in Indiana and for some quirky reason, Intel does not operate or sell any form of computer chips there, Intel 2 would probably be okay as long as they restricted their sales to that market only.

This is probably not a good example because Intel is a nationally recognized company. But there are places where this rule can apply. For example, if you own a local flower shop named "Sophie's Flowers" in Cincinnati, Ohio it probably would not conflict with "Sophie's Flowers" in Buffalo, N.Y. Of course, the advent of the internet and the newfound ability to nationally market your locally based product or services may change that as well.)

To make matters worse, once you get out of the United States, you may face different laws based upon the international jurisdiction you seek to market your wares. As you can see, this is a very technical area and is better left for the professionals to handle. Here is a list of places where you can find reference how tos regarding trademarks:

1. Trademark Basics: A Guide For Business by International Trademark Association
   
2. Name Protect
3. Visomark
4. Yahoo 's page on Trademarks including Companies, Government Agencies, and Treaties, Pacts, and Agreements.
5. Find Law is an excellent resource center for anything legal. This page includes links to copyright, trademark, domain names, and international intellectual property issues related to the internet. This Page provides links to traditional trademark and copyright resources found on the internet.

Here is a list of places where you can check your trademark name:

1. Name Stake will run a preliminary check of your name against similar domain names, international, national, and state trademarks for free. They can also register your name if you choose to do so.
2. Name Protect will run a preliminary check of three variations of your name for $35.00. They charges a $175.00 fee to run a full registration check in five days including Federal, State and basic common law. They can do it in 2 days for $275.00. For extensive common law registration, the fee goes up to $275 and $375 respectively. They will do your design logo for $350.00 to $450.00.
3. Tradename will also check your name for for $21.50 for one name and $55.00 for multiple references. A full and complete registrability search costs $210.00. They also offer Canadian services.
4. Visomark A copyright search runs $145.00. Name and logo design is per hour. Full availiablity search with regular 5 business day delivery is $250.00. (extra for priority) US federal only costs $115. A legal opinion can be prepared for $145.00.

1. Name Stake
   
2. Name Protect Provides a do it yourself service for $65.00 plus the $245.00 Federal fee. They also provide follow up monitoring services to monitor your name for potential infringements.
3. Trade Name Will complete the registration process for you including the application fee, for $1,000 to $1,100 dollars including a $245.00 filing fee. They state the full process including complete search will run approximately $1,345.00. They also provide follow up monitoring services. This service is backed by a legal staff and all materials are prepared for you by an expert in the field of trademark registrations.
4. VisoMark also offers registration services.. a word mark (no drawing required) costs $215 plus Federal. A design mark costs $290 plus Federal fees. Mistakes or deficiencies are handled for free. Comprehensive monitoring services cost $795 per year. They will do a copyright application for $90.00 plus Federal fees. They also offer international services.

Here is a list of the services by specific task for those of you looking for something specific:

1. Initial Free Search: Name Stake
   
2. Inexpensive Fee Based Single Search: Name Protect for $35.00
3. Multiple Variation Search: TradeName for $55.00
4. Full Service Search by Federal, State, and Basic Common Law: Name Protect
5. Full Service Search with Results within five business days: Visomark for $250
6. Legal Opinion of Registrability: Visomark for $195.00
7. Federal Only: Visomark for $115.00
8. Design Logos: Visomark by the hour and Name Protect for $350.00
9. Do it yourself registration: Name Protect for $65.00 plus filing fees.
10. Full service detailed services with legal support and free corrections Trade Name for $1,000.
11. Regular word mark registration Visomark for $215.00.
12. Regular design mark registration Visomark for $290.00.
13. Follow up monitoring services = Name Protect $180 annually or Visomark for $795 for comprehensive monitoring services.
14. International Help Visomark
15. Selling or assigning your trademark rights Tradename
16. Legal Reference Materials Find Law
17. Basic Reference Materials Yahoo