Not that you asked about this but if your domain name is the name of an already existing company with just a single letter missing you may have some trouble on your hands.
For example. coccola.com
I have a quick question for anyone familiar with trademarks. Any help is appreciated.
So, I was able to get an awesome domain name for my startup that is similar to, say, Flickr. Where there is a letter missing, but it's still phonetically readable. In my case, it's a word ending in "ed" rather than "er" like Flicker. Anyway, I'm looking to apply for a trademark, but not sure whether punctuation matters... specifically apostrophes.
For instance, flickr could have very well been branded as flick'r. In their case, no apostrophe works just fine. In my case, the branding and logo just works better with the apostrophe for some reason. Obviously the website itself has no apostrophe.
So, when applying for a trademark, does the apostrophe matter? Will I essentially be protecting both with and without by applying just the one? Considering the "cause confusion" argument would seem to apply here, protecting me... no?
I just want to know which would be more appropriate to get the trademark for.
Additionally, I guess there is the whole question of whether or not I should bother with the apostrophe if the domain name itself will not have one... i.e. it could cause confusion. That's sort of an entirely different question though. For another post perhaps (but feel free to express your opinion on that).
Help appreciated. Thanks!!
I've done some research and doesn't seem like any company with (or without) the "e" is in existence. Nor is there a trademark for it either. So, it's why I went with the name, including the domain name. The domain name with the "e" (i.e. accurately spelled) is just a redirect to some random nonsense website. To be honest, no idea why they even have the domain name, I'm not going to complain though... rather them then someone who is actually using for their own company!
So, I believe I should be in the clear with that. Obviously my own trademark and company search could have missed something that the trademark office deems "confusion" and then I guess I'm sorta screwed. But I'm hopeful. I can always appeal and fight it... since while similar marks might be out there, definitely nothing to do with my services and no clear confusion to be had. In my mind anyway... so we'll see.
I think I've decided to just drop the apostrophe though. In the logo and branding.... so there is no issue here any longer.
I will trademark with no apostrophe and call it a day. Wish me luck.
Did you follow through on the Trademark? I was going to create a thread but I found this one.
If anyone else can answer:
When creating a brand is filing for a Trademark one of the first things we should be doing?
Can you receive a "provisional" trademark like a patent or are you using your brand without any protection for around a year until trademark is awarded?
Has anyone used legalzoom to get a trademark? is there a better, easier, or cheaper way?
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