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Thread: Trademarks

  1. #1
    Senior Member bluntknife's Avatar
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    I just wanted to check my currently very limited knowledge of the trademark 'system' was something near correct, and also ask a few questions...

    Firstly, how does the Trademark scheme work with regards to different countries? Let's say I registered 'bluntknife' as a trademark for some obscure reason, and someone in the US was 'using' bluntknife in a similar way, or the such. Would an unregistered trademark have any relevance if I wanted to pursue legal action? I'm guessing not, but would a registered trademark? Or would I have to 'register' bluntknife as a trademark in both the UK, the US, and anywhere else I wanted it protected?

    Similarly, can I check I am right in my understanding of the TM and (R) symbols? From my understanding, you can mark just about anything that could be described as a 'mark of trading' - eg a logo, company name, slogan with the TM symbol without 'registering' it anywhere, and that just declares that you consider that mark to be something used by your 'company' that you might one day wish to formally register? So I could, with no further action, add a TM symbol to the logo of my web design company? But to use the (R) symbol I would have to register, at cost, the trademark? Is it worth adding at the bottom of every page 'The {name of company} logo is a trademark of {company name}" or is that not needed / just duplicating what is implied by the mark?

    Think those are my main things I think! Sorry if that came off as at all confusing...

    Ollie
    Hardly the sharpest thing in the drawer.
    Design | Life | Outdoors | Ryukin Radio

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  3. #2
    Senior Member
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    Well, first off, I believe trademarks, as with copyrights and patents, are covered by international intellectual property law, so it would depend on where you're talking about whether your trademark registered in one place will apply in another. I'm fairly sure a UK trademark will apply in the US and vice versa.

    The other thing to keep in mind about trademarks is that they have to be defended -- if someone uses your trademark, you have to challenge it within a certain amount of time, I believe, otherwise you lose the trademark.

    But, IANAL


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