Wednesday, August 22, 2012

Trademarks is about branding for consumers, not business name itself

There’s a simple file on trademark basics on “answers” on Yahoo!.  It appears from this blurb that you can register a name before you actually have used it in commerce, if you establish a notice of intent to do so. But that possibility could complicate life for other businesses, or other domains that are active but don’t actually do transactions with the public.

The best link that I could find on business categories is here.

Normally, the same name, from different parties, can be used in different areas. 

It’s important to notice that what gets trademarked is a “brand” known to the consumer, not the name of a holding company or business “behind the scenes”.  For a franchise ownership, the brand that has the mark is the brand being franchised (like McDonalds), not the name of the property owner of the individual franchise.

A domain name for an entity that doe not do commercial transactions in its implied area (or at least intend to do them in the future) cannot be trademarked. 

Here is the Yahoo! link

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