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Question by me: Apple logo and brands trademark information?
Hi Yahoo! Answers,
Here’s a brief outline of what I am doing – I am designing a theme pack for Windows which makes it look and feel exactly like a Mac; I know some of you might say “They’ve already done that with ‘Fly A Kite OS X’” but the product I am designing changes the names of programs like ‘Windows Movie Maker’ to ‘iMovie’.
I will also be adding the Apple Boot screen with Stardock’s ‘Bootskin’ application. I am planning on automating the whole thing – don’t worry, I have advanced coding skills.
The questions I want to ask are:
-What is the copyright laws for Apple software brands such as ‘iPhoto’ and ‘iMovie’?
-What is the copyright laws for the Apple logo? I was planning on incorporating a form of the Windows logo into the logo, but I have realised I’ll probably be sued for all I’ve got (not that much). If this is true, have you any ideas on logos for my product that won’t break any laws? Would altering the logo help?
-What is the copyright law for the brand ‘Mac’. I realise I might be able to work around this as the word Mac doesn’t immediately mean ‘Apple Macintosh Computer’.
I plan to call my product ‘Make me a Mac’ and I will be selling it for a low price (note trying to market it though, folks!). Is there a difference between selling a product and giving it away for free with regards to copyright and trademark laws?

Sorry, I understand my question is sort of loaded – I just didn’t see the point in panning the questions out individually.

Thanks, and I appreciate all of your answers,
Conor

Best answer:

Answer by raat
The thing you’re doing is called cutomization,modification, and as long as u use the actual apple brand name you’re ok .

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Article by John Adam

Getting a trademark registration is essential to provide an identification tag to the products or services that exclusively belong to you or your organization. This ensures that no one can copy your brand name or use it in any way without your consent. In order to apply for UK trademark registration, you need to submit an application online or by mail it to the UK Intellectual Property Office. This usually comprises of the name and address of the applicant, products or services for which the registration is required, and an illustration of the trade mark applied for.

The applicant may be a business organization, a legal entity or an individual. After you duly fill the form and submit it, the office issues a receipt. After the application is submitted, the UK Intellectual Property Office (IPO) examines it on the following grounds:

Relative grounds: This accounts for any clash with earlier trademark applications or registrations that are for similar products or services. Many times the goods/ services may be confusingly identical and this is also taken into account.

Absolute grounds: This determines whether the trademark registration applied for is customary, eloquent, or distinguishing in the relevant field of trade. The IPO will not grant a monopoly authority for cases where the right should be available to others traders in the business.

After the application is accepted by IPO, it is published in the Trade Marks Journal. If any objections are raised within 60 days then the applicant is notified, and a time period is specified for the response. If there are any objections raised on the absolute grounds, the applicant and his attorney have the right to make a written submission or conduct a meeting with the senior examiner. If the objections persist then the application is rejected.

Even in the case of objections raised regarding the relative grounds examination, the applicant and his attorney have the liberty to discuss the case with the senior examiner. The examiner can send a notification of the current application to the owner of the earlier trademark so that the opposition can be duly filed. The period of opposition can at the most last for two months. The earlier owner of the Trademark Registration can file an opposition on diverse grounds, such as:

• Absence of distinguishing character

• Lack of descriptiveness

• It is identical to the one registered earlier

• It is identical to a reputed trade mark

• If it contravenes the copyright laws

• If it contravenes the law of Passing Off

It must be noted that the rate of opposition against the UK trademark applications is quite low, about 5% of all the total applications that are published. After a form is evaluated and accepted on the first level, it is then subjected to oppositions of any kind. If there are no oppositions filed within 60 days of publishing the trade mark, the registration is then deemed as completed and remains valid for the next ten years, and can be renewed for another ten years.

Article by John Adam

Whether you are a business, individual or legal entity, you would require trademark registration to identify the products or services that exclusively belong to you. A trademark is a unique indicator or sign used to distinguish the products or services from other entities. If you wish to get a trademark registration in the UK, you will need to apply to the Intellectual Property Office (IPO). There is a TM3 form, which must be dully filled and submitted online or by mail. The form should be accompanied with the appropriate fee for your trademark registration and the fact sheet. You can find the fee schedule online to determine the exact amount required for the process.

You can avail discount if you are seeking trademark registration in the UK for more than one class. Furthermore, you can also get good rebates by submitting the form online and making the payment at the time of registration. You can choose from the following two services offered:

Right Start Service: Under this system, you only need to pay the usual application fees. After you submit the form, the Intellectual Property Office will review your application and verify the details. They will then determine whether or not you meet the basic requirements essential for registering a trade mark in the country, and issue a report. If you choose to proceed with the application, you would need to pay the remaining amount. However, if you choose to withdraw your application, you don’t need to pay the balance amount.

Standard Service: This is a straightforward and no-hassles method where you submit the required application for trademark registration to the UK Intellectual Property Office and pay all the appropriate fees at once.

Things to consider:

When applying for a trade mark registration in the UK, you must take a few things into consideration. First, you must conduct a research to ensure that the same trademark has not been registered by some other business organization or individual. Also, remember that once the application has been submitted, you cannot make any changes to it. So, you must double check and ensure that everything has been rightly filled.

You must list all the services and products offered by the company, because you cannot add anything later. Hence, read your initial application carefully before submitting, to ensure that all sections have been filled with correct information. This can be a complex and time consuming process; hence it is recommended that you hire a professional attorney who knows the system inside out.

The post-application process:

After you have applied for the UK Trademark Registration to the Intellectual Property Office, they will review the form and verify the details. This usually takes thirty days but may take longer. If they accept your application, it will be published in the Trade M?rk? Journal. If there are no objections within sixty days of publishing the trade mark, the registration is then considered complete and is valid for the next ten years, after which it can be renewed for another ten years.

Question by sphinx_of_stonehenge: can a trademarked name be trademarked by someone else for a different application?example as a band name?
i was wondering if i could trademark a name of an existing trademark as a band name without having to get permission or buying the trademark form the original owner if the trademark i am wanting has nothing to do with original product

Best answer:

Answer by BigD
No

Trademarks prevent market confusion. If you take the trademark of another product, you are stealing that companies hard earned good will and market recognition

What do you think? Answer below!

Article by John Adam

Whether you are a business organization or an individual, you are vulnerable to the menace of identity theft. A dishonest ex-employee or your rival company can illegally copy your products or services on the Internet. This can cause a huge financial loss to your company. Sometimes, people try to deliberately create confusions to mislead your target customers. They use brand names similar to yours, and this can cost you millions, unless you take the right preventive measures. Thankfully, you can safeguard your business, services, products and brand recognition with the help of trademark registration.

If you have your business in the UK, then it is mandatory for you to get your products and services registered in compliance with the UK trademark registration laws. Most of the companies commit a common mistake of ignoring the trade mark process. They usually get their name registered at the UK Companies House and consider themselves protected. However, this provides no sort of protection for your company. This only defends your brand name partially so that no other company uses anything identical. But, this does not stop your competitors from registering with something that sounds or looks similar to the customers.

There are some business owners who buy their business name as the domain and consider that this would provide the required protection, but it does not. In fact, buying a domain name associated with the business provides no such guaranteed protection. Though registering for a domain name similar to your brand, is a good business strategy, it provides no protection whatsoever for that name. You may need to buy all the variations available to prevent others from using another extension with the same domain name.

You must identify the fact that the trademark registration does not provide any rights to a domain name that has your trade mark integrated. There may be another party having the same domain registered already. Whether or not, you as an individual or business have the right to take any legal actions depend completely on the situation. Having your trade mark registered will defend you from any kind of dishonest usage of your product or service name, shop name, company name, domain name or website.

This is vital because any similarity between domain names or brand names can lead to a confusion among your target customers and cost you millions. Your client base is your valuable asset and you must ensure that there are no confusions regarding your company, brand, products or services. The trademark registration creates a kind of legal boundary to safeguard your interests.

The Trademark Registration provides business organizations and individuals with a kind of legal protection. If any one chooses to ignore the trademark then legal action can be taken against them. Given the fact that the registration procedure and associated laws are complex due to their sensitive nature, it is recommended that you hire an attorney who knows the ins and outs of the process. The trademark attorney can advise you correctly and help you properly fill up the registration form. Trademark registration is vital for your business; hence it is essential that you seek help from a professional attorney.

Question by : How do I make sure my start-up website is legal?
I have a webgame my friend and I are developing, and people are able to pay for a monthly subscription. What do I need to do to make this legal, Form a General Partnership with Trademarks and such?

Best answer:

Answer by G N A
For your website:
Privacy Policy.
Disclaimer
Full company contact information

As for what type of company to perform and trademarks, you’re going to need an attorney – especially for filing a trademark declaration.

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Question by Emily: Trademark domain name and site name question?
I am looking to start a site for The Sims 3. I want to set it up so people can give donations. Can I get in trouble if I use a site domain (and site name) that could be similar to a company trademark? I will not be selling anything. My only form of profits would be donation and maybe ad revenue. My site name would be something similar to DiscoSims.
Would this cause problems or should I be in the clear since I’m not actually selling any product? I think “sims” probably is trademarked by EA but they give you permission to use anything to do with their product as long as you aren’t selling it.
Also, if it could cause problems would there still be a problem if I decided NOT to gain any profits from it?
I’m not sure I can get into trouble since I figure EA owns “sims” and since I bought the game they allow me rights to use it, just I can’t call it mine. Which in turn I don’t think “DiscoSims” could be confused with another product other than “The Sims” which EA granted me the right to use. Correct me if I am wrong. I guess I mean I am unsure if I can get in trouble for using “DiscoSims” if there was already another “DiscoSims” out there but I figure no since they would be unable to trademark it since EA owns it?
And one more thing. If I put “The Sims 3 fansite” some place on my site, wouldn’t that pretty much solve an issue with confusion?

Best answer:

Answer by ron_mexico
It certainly is possible you can infringe on the trademark. The standard for trademark infringement is likelihood of confusion. Generally, if your use of the trademark is likely to cause confusion as to the source of the website, then you will infringe on the trademark. Whether or not you profit from the website will not affect an infringement decision.

The difficulty here is that trademark infringement is a very fact specific determination. Slight changes in facts can significantly change the analysis. I suggest you contact a trademark attorney who can discuss your particular situation with you in more detail. If you do this before you begin developing your name and website, then you may save yourself some potential headaches. Unfortunately, all I or anyone else can really give you here is a generic, academic discussion which is probably not all that helpful.

Edit: Clearly proclaiming that your website is a fansite and noncommercial in nature may or may not steer you in the clear legally. Even if it does, that doesn’t mean a trademark owner will not pursue or threaten legal action.

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Question by Andy C: How did you hear about Andy C?
Andy C is a designer of a range of exclusive giftware.
He is based in South Africa. Andy C comes from a self-taught background and his designs are inspired by natural beauty in its simplest form, resulting in what is now becoming a trademark of its own; exclusive jewellery and unique designer homeware.

Best answer:

Answer by ukquilter
What exactly was your question? This is a forum for people asking for advice about their work (sculpture). It is not meant for self-publicity. If you’d like to quality your statement with a request for advice, we’d be please to try and help.

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Question by accorn34: Trademark registration question regarding “Actually using mark in commerce now”?
I have a unique website name which I want to trademark.
I’m confused about the TEAS registration form part where it asks if the mark is actually used in commerce now or intending to use.

I don’t have any sales as of yet, but I do have the site up and a functional order form online (with the intent to accept any orders now).

So does my current state equal “actually using in commerce?” or do I have to say i’m just intending to.
I would prefer to say i’m actually using it to have the registration done in one step – but don’t want to lose my trademark protections so want to make sure it’s defined right.
Hi Everyone. Thanks for your replies so far. I still have one question that I do not fully understand from your replies.
The company is a service, and based on that you guys seem to be suggesting that it is “in commerce” when I advertise the service.
But one question, is a service considered “advertised” when it is just offered on a public site or do you have to do active advertising such as giving out flyers or TV ads etc.
Also, is listing the site on a search engine like yahoo considered “advertising”?

Here are some more details in case you need them. The company name is something like companyname, llc, and the website is companyname.com, and I want to trademark “companyname”.
I will be applying for a “servicemark” since my site is a service. The service is an online software listing database, the I will be charging a monthly subscription to software companies to link to their sites.
The servicemark will be displayed at the top of each page (in the form of a logo).
Oh.. as far as if I am actually selling anything.
I have an order form for software vendors to sign up for my subscription service on the site.

Best answer:

Answer by TM Express™
I’ll assume you’ve already done your due diligence in having comprehensive research conducted to ensure that the name you’re interested in is truly available.

Without knowing full details in regards to what business you’re in, it’s hard to say definitively. I’d recommend contacting a private search company or a trademark attorney to be sure.

Here’s what the USPTO has to say:

“The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce–

(1) on goods when–

(A) it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and

(B) the goods are sold or transported in commerce, and

(2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.”

http://tess2.uspto.gov/tmdb/tmep/0900.htm#_T90101 — Link to quote

Hope that helps!

What do you think? Answer below!

Article by Max Sherman

Very new companies and small organizations have to keep a tight lid on expenses. Typically, this means that they simply cannot afford to employ and pay an attorney to prepare, submit, and register their trademarks with the United States Patent and Trademark Office (“USPTO”). So they either file a trademark application themselves or use one of the ultra-cheap document assistant services on the Internet (these services are not provided by legal professionals and provide virtually no worth whatsoever). Not surprisingly, in these situations, the initial trademark application is inaccurate in some form.

When the trademark application is sent to to an examining attorney at the USPTO, the examining attorney examines the trademark application for any disorders or challenges. This includes both issues inherent with the trademark being applied for and troubles due to potential confusion with presently existing trademarks that have been filed or registered with the USPTO. The examining attorney then issues a notice known as an office action that sets forth all denials and refusals that must be answered or responded to by the applicant within six months. If the trademark applicant is not represented by an attorney at law, the examining attorney will often include a statement in the office action advising the applicant to obtain the help of an attorney.Upon receipt of the office action, many unrepresented applicants recognize that their choice not to retain an lawyer to help them with the trademark application was a error. Not only will they probably have to hire a trademark attorney anyway to respond to the office action, but the flaws in the initial application may greatly restrict what an attorney at law can fix at this point in the procedure anyway. Added to that, the applicant has spent hundreds of dollars on the trademark application that the USPTO will not return.

Unrepresnted applicants are essentially left with three options. The applicant can simply throw in the towel and abandon the trademark application altogether. The applicant can take on the enormous task of trying to learn trademark law and try to correctly respond to the office action. If an applicant chooses this route, it is best to buy one of the layman friendly guides out there, such as How To Respond to a Trademark Office Action Without An Attorney. Finally the applicant can hire a trademark attorney and spend a ton of money. Often, the realization is hiring a trademark attorney from the outset would have been best.