How would a poor man go on with creating a trademark and IP

[itmedelline]

Hello My first post here, I hope to post in the correct subforum

I am working on a side project, Drone systems and associated Software as a Service.

I want to create a webpage where I put some white papers and a high level description of what is up. However, I am not able to pay for trademark and IP registrations now. My goal is to get some interested investors, and then roll out the first product and then go for IP protection.

At this stage, I want to use a Name as a brand Identifier, a logo etc. All these info will be on the site.

I understand this is not the place to get legally binding advice. But I want to inform myself what my options are. I know very little in this topic, so I am looking for initial pointers - even keywords that I can search for.

Thank you

Location: Maryland USA with a critical team member in Malaga, Spain who will be doing the hardware engineering

Intended release of product: Mexico,Spain and USA
Things to protect: Name, Logo, Basic Concepts

Thank you.

 

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[RightyTighty]

IP laws vary by country, and for maximum protection IP should be addressed in each country engaged. For most this is not realistic; conventional wisdom is to patent/trademark where the major market is (typically USA) and not worry about the others.

While you’re wise to be thinking about IP, it should not be a priority at this point unless you possess truly disruptive technology. Keep your eye on the ball and don’t let your concerns turn into action faking. Trademarks are great, but totally irrelevant until you have organic brand recognition. A couple of other things about trademarks that most aren’t aware of: if your name is descriptive it usually cannot be trademarked, and if you consistently use the same name to make sales you will have established and unregistered trademark that will afford some legal protection for your geographical area at least in the US).

Your bigger problem will likely be finding an available domain name that suits you and isn’t as long as your arm. In any case, what you should be concentrating on is executing tasks that lead to sales. In the words of Confederate General/Marketing Guru Nathan Bedford Forrest, “Get thar fustest with the mostest.”

 

[Visida]

The first step is to ensure that the brand name you choose is free to use and does not infringe on the rights of others. Register your brand's domain name to ensure its availability on your website. Even without formal registration, you can use the TM symbol to indicate your rights to a brand. Protect your website content as intellectual property by copyrighting text, images, and other materials.

 

[itmedelline]

The first step is to ensure that the brand name you choose is free to use and does not infringe on the rights of others. Register your brand's domain name to ensure its availability on your website. Even without formal registration, you can use the TM symbol to indicate your rights to a brand. Protect your website content as intellectual property by copyrighting text, images, and other materials.

Hi
Thank you for replying.

Two things that come to mind.

1. Since I am in software, and use MyAweSomeName as my brand name, and if there is a t-shirt seller also using the same myAweSomeName in Amazon - this is not an issue, because we are in different industries. Also, I already have the domanin name.

2. In case of a dispute, the proof that I uploaded my stuff to the web host at a given date will be admissible as my claim to the intellectual property?

 

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[FierceRacoon]

Don't confuse different kinds of intellectual property. The IP is yours in the sense of copyright, whether it is registered or not (in the US). If you want a patent and you have a bona fide invention, you need to register a patent. Trademark is not your problem until you start actively conducting business.

And what kind of dispute do you have in mind? Somebody coming to sue you when you don't have $1k to pay for a trademark? Worst case if tomorrow somebody starts a business in the same field with the same name and outmaneuvers you, you may have to change your company's name, but it seems unlikely.

 

[itmedelline]

Don't confuse different kinds of intellectual property. The IP is yours in the sense of copyright, whether it is registered or not (in the US). If you want a patent and you have a bona fide invention, you need to register a patent. Trademark is not your problem until you start actively conducting business.

And what kind of dispute do you have in mind? Somebody coming to sue you when you don't have $1k to pay for a trademark? Worst case if tomorrow somebody starts a business in the same field with the same name and outmaneuvers you, you may have to change your company's name, but it seems unlikely.

Hi all this is valuable information. let me repeat what I learned:

1. I can go with the name I have in mind. And I can do business with MyAweSomeName™ , with the ™ being a symbol showing my claim to the name. I can use the ™ without registering it now.

2. If someone takes my name and outmaneuvers me, I need to change the name. and that is the biggest concern. I will not have to pay fines or things like that.

3. IP about the product itself is a different story.

Am I missing something?