Question
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Oct 14, 2006, 12:15 PM
| | New Member  | | Join Date: Oct 2006
Posts: 3
| | | Trademark question
I'm looking for legal advice on what holding the trademark for a registered corporation does for a minority owner.
I have been part of a website based business for the last two years, and would like to protect my interests, even take over control, and have been told that by registering the trademark in my name, I will gain a great deal of control.
I can provide more information of course...
thanks
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Answers
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Oct 14, 2006, 10:50 PM
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#2
| | Finance & Accounting Expert
Join Date: Nov 2005 Location: Canada
Posts: 3,676
| For the best possible legal advice, you should consult with an attorney. |
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Oct 15, 2006, 03:49 AM
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#3
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 20,433
Pay to call ScottGem for advice ($.75/min) | Doing this AFTER the fact probably will not fly. If, when setting up the company, you had registered it, you would have some leverage. But trying to do it now will probably be disallowed if the case comes to court. The company has been using the trademark since it was registered, so it could show valid usage. | |
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Oct 15, 2006, 04:44 AM
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#4
| | New Member
Join Date: Oct 2006
Posts: 3
| Quote: | Originally Posted by ScottGem Doing this AFTER the fact probably will not fly. If, when setting up the company, you had registered it, you would have some leverage. But trying to do it now will probably be disallowed if the case comes to court. The company has been using the trademark since it was registered, so it could show valid usage. | I have been a part of this company since it started, does that make any difference? Quote: | Originally Posted by CaptainForest For the best possible legal advice, you should consult with an attorney. | Yet it looks like I got a GREAT piece of advice right here!  | |
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Oct 15, 2006, 07:14 AM
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#5
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 20,433
Pay to call ScottGem for advice ($.75/min) | No, it doesn't matter how long you have been with the company or even if you started the company. If its a registered corporation then its an entity onto itself. Since the corporation has been using that trademark, for you to try and register it now would not hold up.
You are trying to close the barn door after the cows have gotten out. | |
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Oct 15, 2006, 08:18 AM
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#6
| | New Member
Join Date: Oct 2006
Posts: 3
| I should have said that the website is not yet incorporated...it will be in the next month or so...
What exactly is the point of registering the trademark then...? | |
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Oct 15, 2006, 08:57 AM
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#7
| | | Computer Expert
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 20,433
Pay to call ScottGem for advice ($.75/min) | The point of registering a trademark is to prevent others from using the same trademark. However, prior usage can be considered in a court fight. Take a look at www.nissan.com | |
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