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Written by : Randell Hearnsberger
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Thanks for your comment Lois Mateen, have a nice day.
- Randell Hearnsberger, Staff Member
first okay so I'm no malanga melody Moses I'm a host here at intellectual chocolate we have Miss Robinson here who is an attorney and a trademark specialist who's going to teach us about the things that we need to do as business owners I'm just addressing a question that I'm seeing here and says this was I thought this was starting at 1:00 p.m. and you guys started early will they be a replay of this yes if you're a student at the black business school yes they will be able to replay of this you do get access to the webinars after they've already gone live that's the first thing I wanted to address and it is 1:00 p.m. Eastern Standard Time right it's 1:00 p.m. Eastern Standard Time so maybe somebody missed that it was Eastern Standard Time so in the East in the United States it is 1:00 p.m. I'm not sure where you are right now but it's 1:00 p.m. Eastern Standard Time but we could continue awesome so did they have any questions on the beginning any questions on that I'm not seeing any questions yet um we just have one person who just wanted to know about whether the there would be a replay and I answered that question that we would have a replay I did want to say I did want to just give an example even though he didn't solicit it that I actually know a person that started a hotel and called it I think it was called Travel Lodge or something like that and what happened was that they just thought up the name and start up a hotel built the building and did everything establish the decorated it and open it and what happened was they had not I would equate it to in the United States where if you were in let's say I live in the state of Massachusetts and I thought there's no travel lives in Massachusetts but it turns out that there's a Travel Lodge somewhere else in the country and that trademark covers the state of Massachusetts so that means that I'm infringing on their trademark now by with all this and then now I have to go through all the trouble of actually changing the sign of my new job it only changed slightly right but I still had to change the sign of my hotel I had to change all my brochures everything my advertising promotions everything and go through all those costs when like you said the first thing that I could have just done before I started anything was hire an attorney to make sure that my name was okay not just in my own state my neighborhood or whatever I know but everywhere else that can be affected by what I'm doing you are absolutely correct this occurs so much it's very frequent a lot of it's because we don't know we think that when we do our google search you do a Facebook search you do maybe an Instagram search oh I'm covered I'm good to go the problem is as you mentioned it's a federal trademark that means it covers the entire United States okay and with it covering the entire United States what about the businesses that does not have an online presence so when you did your search you may have searched google you may have searched you know Facebook Instagram but unless you was able to search every single business you know in the United States which we cannot you know let's just be honest we typically cannot and do not you will not know and to spend all of that money the time the hard work the building your brand your followers to didn't get a letter that says hi I own rights to that trademark and I'm requesting you to change your name stop using it great if you do not I will sue you that could be very heartbreaking so is that serious to check first I did I did see a question come in okay go ahead um so one of them is in the chat which was late the person who said we started it early but she did also want to ask and we also look up the company name on the federal trademark site and there's two questions okay great so you referred today United States I'm I call it the USPTO website yes you can look up a company on that website but understand that it is a direct hit what does that mean what it means is that when whatever you type into that website they are searching for exactly what you type and nothing else okay the reason that I recommend you guys are hire an attorney because not only can you not have the same trademark as someone else you cannot have a trademark that's similar to someone else that infringes on their service or product what does that mean if you go to the trademark website you type in apples but you left the ASL okay there's another company who have a trademark with the S you thought you was okay you're not okay and they only gave you exactly what you put into the website they're not going to give you anything that can be similar or confusing however when you fill out for the application they will reject your application because there's a registered trademark that's similar to what you're trying to register I hope that answers if not let me know so Carolyn says if you register your domain name on a website that enough that enough protection without getting a trademark no not really go ahead what was it I was just repeating the question if you register your domain name on a website is that enough protection without getting a trademark no it's not enough protection um the only protection that you're gonna get for your trademark is if you register it with the USPTO or you get a little bit of protection with common law rights okay and that's when without doing anything but I already explained how limited that is to your geographical location but registering jes your domain name okay you own the domain but you don't own the brand name and when you own the brand name now you're talking because if someone have your domain name right or if someone comes out with something similar you can possibly get them to stop doing that but just registering a domain name is it gonna you know give you the protection that you need to protect your company so it just protects your domain and nothing else really you want to protect your brand name whatever the name and here's the thing you want to protect I tell people protect what you are you will not be comfortable losing okay so if you are not for me are use an example true lawyer is the name of my law firm I am not comfortable losing true lawyer so a trademark is valid for that great um if you are not comfortable with losing it and starting over from scratch you want to protect it if it's something that you're like okay maybe I'm selling eyelashes right just for an example but I'm not gonna be doing this I'm just doing this to make a little money no big deal you may not want to spend the money to invest into protecting it but if it is a logo they you will not be comfortable changing or losing if it's a brand name didn't guess you like slogan you want to protect it okay um so the next question is from Alisha and she says I apologize that this hasn't already been covered how do I learn if my business name is already trademark protected I think we might have covered that in both minutes but that question says how do I learn if my business name is already paying my protective okay so I'm gonna do a very quick overview because we did already cover this the way that I reco
Thanks Joseph your participation is very much appreciated
- Randell Hearnsberger
About the author
I've studied stochastic process at York College, City University of New York in Jamaica and I am an expert in public policy doctrine. I usually feel dorky. My previous job was tool and die makers I held this position for 31 years, I love talking about baseball and paddle ball. Huge fan of Ken Jeong I practice paintball and collect crater critters.
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