Ask Experts Questions for FREE Help !
Ask
    alisterio's Avatar
    alisterio Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Oct 14, 2006, 01:15 PM
    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
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
    		  
    #2

    Oct 14, 2006, 11:50 PM
    For the best possible legal advice, you should consult with an attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 15, 2006, 04:49 AM
    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.
    alisterio's Avatar
    alisterio Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Oct 15, 2006, 05:44 AM
    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! :D
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Oct 15, 2006, 08:14 AM
    No, it doesn't matter how long you have been with the company or even if you started the company. If it's 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.
    alisterio's Avatar
    alisterio Posts: 3, Reputation: 1
    New Member
    		  
    #6

    Oct 15, 2006, 09:18 AM
    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..
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Oct 15, 2006, 09:57 AM
    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Camille Lucas 1935 SLZ trademark [ 1 Answers ]

I have an original etching by Jean Charmeille titled Couesuon, France. It has a seal on it indicating the number 101. It has a paper trademark with the name of artist and title, as well as a silver and black seal with the SLZ triangle trademark. The scene ap[pears to be a house or some houses on...

I have a question regarding skin. Question is on skin... [ 1 Answers ]

whenever I get hit or scratched, or bitten to hard, that area of my skin where is occurred gets red and then I get a white raised bump ( of skin) in the senter or along the redness. It goes away in minutes but still highly unattractive. What can I do to prevent this?? Sum 1 email me help....

Domain Name Trademark Class [ 1 Answers ]

I would like to get a tradmark for a domain name. The website that would use this domain would sell Wireless internet access. I was wondering what Trademark class this type of service would fall into. Thanks in advance.

View more questions Search