How many of you (trademark ?)

[Lisa]

Have your business name trademarked. If you don't will you get it done. If you do why did you do it? I am having a hard time coming up with a name. I am not selling on the web just in my own home town, so how important is it for me to find a name and trademark it? Thanks

[Georgia]

Mine name is not trademarked but is registered with the state. My lawyer explained to me that since I am small-time it would probably be a waste of money. If someone comes along and tries to use my name, I have the date of registration to prove that I had it first. Of course, I would then have to defend my rights to it. The odds of this happening are slim.

[Lisa]

Well thats nice to know, so you checked and no one else has that name?

[candleman111]

hey, im am by far not an expert but will try to shed some lite on the trademark issue

you get a trademark to protect your PRODUCT "if you will". But the trademark has to be a protectable trademark. There are serveral catagorys of trademarks; genaric, descriptive, sugestive, fanciful. Genaric trademarks are not protectable. This is important, but sorta hard to explain, heres a breif example of a generic, non protectable trademark

along time ago asprin was a trade mark, asprin was the name of acetal acid (aka asprin). But after awhile everyone called acetal acid ASPRIN. making it a generic name. Because people say,give me a asprin, not give me a acetal acid tablet.so now asprin is the name of the medicen not the trademark or logo if you will (hope you understand).now there trademark for asprin is usally the companys name like ... anways

there is a office PTO patent trademark office were you can register your trademark. You dont have to register with the pto but there are extra advantages to registering. If you register your trademark is protectable all across the U.S. Non registered are only good in the general area of sale. SO if you sell in texas, the trademark is only good in texas, and someone in ... main could use the same name. You can lose your right to your trademark if you dont use it. There are a pretty good amout of rules and what have you,as you can tell.

If you made lets say Joshes candles and were not registered, anyone could make candles and slap a Joshes candles logo on it and not break any trademark laws as long as they dont sell them in your same area.

So if you have a pretty good business runing and want to protect your name/trademark It would be a good idea.

hope i helped alittle

[eugenia]

I agree with Georgia, trademarking is a big deal. Registering your business name is not. Your state should have a website where you can research if the name is available. The fee to register the name will vary from state to state. For me, it was $50.00. You then have to register with the tax department to get a tax ID number (free) and will have to collect sales tax for in state sales and fiile quarterly tax reports with your state.

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[Lisa]

Eugenie, You say you agree with Georgia, but yet you said it is very important to have it trademarked? Am i missing something? Or what? thanks

[Lisa]

If i registered with my state, is that the same as dba? If so, when i register they said it was only good in my county. So what are your thoughts on that?

[eugenia]

If i registered with my state, is that the same as dba? If so, when i register they said it was only good in my county. So what are your thoughts on that?

It varies from state to state. For me, I have no employees, so I was able to register as a sole proprietorship

here's a link to your state's info on that : http://www.michigan.gov/documents/LEGAL_STRUCTURE_29409_7.htm

[tlc26]

If you registered and are only good in a certain county wouldn't that be a vendor's lisc? and not a business name. I think that everyone posting here maybe be talking about something different.

The way it was explained to me: You get a vendor's lisc. to sell at craft shows, farmers markets, etc. You can use your soc. sec. number like it were a tax id #.

Or you can register a business name with your state and get a federal tax ID number

and you can have a product trademarked. Normally it is a sole item that is trademarked. Like the M&M name thingy whatever is trademarked. Or the logo for 7UP is trademarked.

Sorry to hijack but is there also a different type of registery for BRAND? For example: everyone says do you have a band-aid? Band-aid is a brand, what you should say is 'do you have a bandage?' So when you see a commercial for Band-Aid brand bandages the song they sing says 'I am stuck on Band-aid BRAND cuz germs don't stick on me' (or soemthing really close to that) Same with Kleenex. Or does this type of thing fall under the categories for trademarks?

[Lisa]

All i know is that i registered my name through the country clerk office as A DBA.

[tlc26]

dba is usally used when you have more than one business name.Or comapnies merge or say you have to companies that do the same type of work or have the same type of product but you are registered under one name but are still known to your customers by another

For example the company I work for merge with another comany and we were Flood Doctor now we are Rapid Water Removal dba Flood Doctor

maybe it is different in your state.

I think some more research would help..?

[prairieannie]

That's just one of MANY reasons to use DBA. Here's some info. http://www.legalzoom.com/dba/

[Lisa]

I have researched it, but something i just don't understand.

[candleman111]

thats what i was talking about, yes band aid USED to be a trademark, when it first came out, but over the years every called the Bandages, band aid's making it a general trademark, and is no longer protected by the trademark laws. Because like you said, people ask for band - aid, its no longer a type or name of specific product, it is the name of the product.

getting a business license and getting a trademark are seperate things. And if you dont get your trademark than your name/logo "or what have you" will not be protected expect for you general area. Like your lawyer told you, it wouldnt be a good idea to spend the money to get a trade mark, if your not playing with the big boys par-say. But on the same side someone could legaly use your same name/logo and would be breaking no laws.

[Lisa]

Just wanted more opinions on what others do.

Thanks

[SatinDucky]

Just curious... I assume (yeah, I know) thye gave you a copy of your licence/registration. What does it say? I'm sure every area is different though. I purchased the license in my county but it's issued by the state, so I don't know if that means it's only relevent to the county or all of the state. It does include store, mfg and transient vender. Yup, I was hoping to really sell one day...LOL

[Lisa]

Mine says That the following person now owns, carried on, conducts or transacts or intends to own, carry on, conduct or transact a business, or maintain an office or place of business in the County of ******, State of Michigan under the name, designation or style set forth below. And then my DBA #

[SatinDucky]

Yup, obviously quite different from here. Here you have to be licensed for each thing. One to actually make the candles, one to sell them in a store front, and one to do craft shows.

I find all the business stuff very confusing. I've never run any kind of business before. I thought you only did the DBA when changing the name or merging too. Does the DBA take the place of a regular business license?

Sorry, I'm not any help. I'm just trying to understand too

[Lisa]

Satin, Your guess is as good as mine. I am not sure about this stuff as it is very CONFUSING to me as well. Hopefully we will be able to figure it out. What state are you in?

[SatinDucky]

That's just one of MANY reasons to use DBA. Here's some info. http://www.legalzoom.com/dba/

I've been reading over there...

Unless I'm misunderstand them, even as sole proprietor, you have to have the DBA if your company name is not your own legal name! If so, why didn't they tell me this at the courthouse when my license was issued? And what the heck do I do about it now? Does everyone here with a business that's named even partially different from their own name have a DBA?

Dang! Gotta quit highjacking threads

[Lisa]

Dang! Gotta quit highjacking threads NO NO, we are all here to learn, it is not a problem.

My business name is not my name, And i have a DBA under two different names.

[SatinDucky]

Thanks

So you have a state business license AND the DBA issued by the county?

[Lisa]

No, I just have a DBA Licenses.

[RobinInOR]

In Oregon it works like this:

If you are in business by yourself, you are a sole proprietorship.

If you use your first and last name in the business name, you don't have to register it at all. The reason being customers know who they are doing business with since your name is on everything.

If you don't use your first and last name, you have to register a "assumed business name" (called a DBA "doing business as" in other states). This is so customers are informed as to the actual people they are doing business with.

Then there are other structures: partnerships, corporations, LLC....

I went with a LLC, so I registered that name. I've also registered a DBA as well, that is owned by the LLC, so I don't have to drag around the LLC on all the stuff I do. Probably not necessary, but the state suggested it. Course they probably wanted the extra $50/year Now if I create a new "company" selling something completely different, I can just get a new DBA that's owned by my LLC.

As far as a federal trademark of my name & logo, I haven't bothered. Who else would want it? If I had something cute and more generic & wanted to grow beyond my state I might do it.

[SatinDucky]

I was looking at the MI state site. Seems to be the same there. There is no "general business license". The only license (even vendor and mfg)I see required for someone using their own name is the sales tax license and that one is required for most business that sell anything. Boy, that would make it a lot easier if it was that way here!

Shoot.. now I gotta find out about getting the DBA here and still haven't got the sales tax one yet... geeez

I did notice on the MI site though, that any business involved in manufacturing is supposed to be licensed with the Department of Agriculture, Weights and Measures Division. I'll have to check on that for Alabama too. We seem to need a hundred licenses here