Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
TM rights are based on use of the mark in commerce in connection with goods/services, so if they legitimately started using the mark before you then I suggest getting a new name to avoid risks/headaches down the road. However, if you were first or if they are still in a little-known stage, then you should probably file a federal TM asap in order to soldify superior rigths
however, if you haven't begun doing business using the name then your rights have not started and you cannot get a TM application going yet
(you can do an "intent to use" application, which requires you to follow up wihtin 6 months with evidence of your use in commerce)
Okay. they are currently just two people making a game casually. they have not sold anything yet, though they do imply that they wish to do so sometime in the future
does receiving croudsourced funding count as doing business?
well you have to be using your mark in commerce, so advertising and conducting your usual business with the name
receiving funding by itself would not count
but advertising might count
you need to provide something like web screenshots (live), brochures/advertisements, product label etc to show the use of the mark
you will also want to speak with a TM attorney to prepare/file the TM application for you
so advertising the croud-sourcing project might count?
yes it could
maybe even letterhead or other uses that have been held to the public
your TM attorney can guide you on that when the time comes
would offering a reward for giving funds via croud-sourcing increase the chances of it counting as business?
any interaction with the oublic using the mark would help
okay. thank you very much
sure, best of luck
fyi you may also be able to use legalzoom to file a TM application....its a little cheaper but not as good as using an attorney
alright. that might be a good option for us. we don't have a lot of capital available to us right now
approximately how much does a federal trademark application cost
$325 for the govt fee
please don't forget to Rate my response so i get credit thanks
assuming we get the trademark approved, we would need to inform the other group that we have it, and that they need to stop using it. would that just be a standard cease and desist?
(and I'm not forgetting to rate you. you have been very helpful)
yes, assuming they are still around and if you felt that their use of the name is XXXXX XXXXX cause consumer confusion or otherwise harm your mark
then you could send them a cease & desist letter
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