Trademark name?

Trademark name?

el_roachmeister@yahoo.com	3/16/2005 6:14:22 PM
I recently developed a widget. I named it something that has probably been used before, however, not in this application of the widget. Can/ should I copyright/trademark the name? I am only earning a few hundred dollars a year from this widget so lawyer fees are not going to be worth it. However, I expect business to expand. Should I wait or trademark it now? If not is there another workaorun d to getting it done?



rdadams@smart.net (Dick Adams)	3/19/2005 7:09:21 PM
<el_roachmeister@yahoo.com> wrote: I recently developed a widget. I named it something that has probably been used before, however, not in this application of the widget. Can/ should I copyright/trademark the name? I am only earning a few hundred dollars a year from this widget so lawyer fees are not going to be worth it. However, I expect business to expand. Should I wait or trademark it now? If not is there another workaorun d to getting it done? You can do it online, it costs $350, and it takes forever. Dick - I filed one in 2003 and still have not gotten an OK.



Paul Cassel	3/19/2005 7:09:44 PM
el_roachmeister@yahoo.com wrote: I recently developed a widget. I named it something that has probably been used before, however, not in this application of the widget. Can/ should I copyright/trademark the name? I am only earning a few hundred dollars a year from this widget so lawyer fees are not going to be worth it. However, I expect business to expand. Should I wait or trademark it now? If not is there another workaorun d to getting it done? Impossible to answer. You establish some intellectual property rights by marketing the widget under that name, but you don't fully secure them. For all you know, someone beat you to it so also established some limited rights. The problem is one of value. It will cost you several hundred dollars to register your trademark. Since that seems to be a year or two's revenue, now, will the future value of this trademark be worth the investment now? I can't say - only you and your sales projections can. It will cost those few hundred even w/o an attorney. Check the site: www.pto.gov for info. Were it me, I'd go for it. I'd feel silly if the biz took off and then I had to change the name I was using for my widget. -paul ianal

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