How to have a trademark?

[blue^ray]

Hi, I run a small website and I wanted to know what is involved in trademarking my domain name?

does it cost anything?
ect.

any help much appreciated.

 

[NeeJam]

Yes making a tm costs! Use google for your answer and speak to a lawyer!

 

[blue^ray]

Yes making a tm costs! Use google for your answer and speak to a lawyer!

NeverMind just googled it and the price to reg a TM is bloddy expencive.

Thanks for your reply anyway.

 

[DNQuest.com]

Are you asking how much it is to register a TM? Or how much it costs to acquire a TM? There is a huge difference.... One is "free" and the other costs money...

 

[amosba]

Are you asking how much it is to register a TM? Or how much it costs to acquire a TM? There is a huge difference.... One is "free" and the other costs money...

In Australia, to register a Trademark certainly does cost. The application fee is AU$150 and if the application is granted, the registration fee is a further $300 and lasts for 10 years. So it works out to only $45 a year, which isn't too bad.

Of course, if you use a trademark lawyer to help with your registration, it csts significantly more.

 

[blue^ray]

In Australia, to register a Trademark certainly does cost. The application fee is AU$150 and if the application is granted, the registration fee is a further $300 and lasts for 10 years. So it works out to only $45 a year, which isn't too bad.

Of course, if you use a trademark lawyer to help with your registration, it csts significantly more.

Thank you for clearing that up. I googled it and ended up with a USD325 price mark.

when the business grows a bit I might see about registering it.

I never read the 10 year thing. Thanks will add rep

{EDIT} We're glad that you're fond of this member, but please give some rep points to some other members before giving it to amosba again.

I must have given you some elsewhere.

 

[amosba]

Thank you for clearing that up. I googled it and ended up with a USD325 price mark.

when the business grows a bit I might see about registering it.

I never read the 10 year thing. Thanks will add rep

AU$450 ~ USD$325, give or take a few dollars.

You can operate without applying for a trademark and still maintain a degree of protection, it just means you will have a harder battle to defend any TM infringements. Bear in mind that if someone tries to register the mark before you do, fighting the registration is going to cost you. (IIRC it is ~$200 just to lodge an objection.)

 

[DNQuest.com]

Just to add, in order to register your TM, you must have one of two things:

1 - An establish TM
2 - Intentions to TM for future use

The OP does not state if they have a TM already or not. You cannot register for a TM without one of the two conditions listed. For clarification, a TM is earned through usage in commerce. Meaning you need to have established yourself to a point where you can state you have "rights" to the name based on acquired secondary meaning. Basically, if someone says your name and it is recognized as your site. IE- You here "windows" and first think of MS. You do not need to be registered to have a TM, this is called common law TM. When you register you TM, it is called a registered mark (which is stronger than a TM)

If yo uare looking at future use, you still must be able to prove you name has acquired TM status before it is officially approved.

So if you are looking for some sort of paper work to establish a TM, it won;t happen, you need to obtain it through usage, promotion, recognition in commerce. If you already acquired TM status, then look to your TM office for pricing.

 

[blue^ray]

Just to add, in order to register your TM, you must have one of two things:

1 - An establish TM
2 - Intentions to TM for future use

The OP does not state if they have a TM already or not. You cannot register for a TM without one of the two conditions listed. For clarification, a TM is earned through usage in commerce. Meaning you need to have established yourself to a point where you can state you have "rights" to the name based on acquired secondary meaning. Basically, if someone says your name and it is recognized as your site. IE- You here "windows" and first think of MS. You do not need to be registered to have a TM, this is called common law TM. When you register you TM, it is called a registered mark (which is stronger than a TM)

If yo uare looking at future use, you still must be able to prove you name has acquired TM status before it is officially approved.

So if you are looking for some sort of paper work to establish a TM, it won;t happen, you need to obtain it through usage, promotion, recognition in commerce. If you already acquired TM status, then look to your TM office for pricing.

Thank you DNquest

rep added for your useful information.

I will see 6 months down the track where I am and decide then to what I will do.