Alright, so now I'm trying to trademark my name.

[Sagelike31]

The name of my website and eventually my side business will be called Sagelikephotography.

Two quick questions:

1. Can I trademark the name?

2. Should I?

I've already read the governments guidelines on this but I still don't know whether I can trademark it.


Thanks in advance.

[tomrock]

I think you'll need a lawyer, but as I understand it, it is difficult to get a trademark.

[Sagelike31]

Originally Posted by tomrock

I think you'll need a lawyer, but as I understand it, it is difficult to get a trademark.

Ahhhhhhhhh.

Sucks.

[jazzology]

I know a muscian here who's stage name is "Lil' Queenie"... some dbag producer owns the name and appears for his "cut" everytime she tries to use it... a good example of the same thing is the artist now once again known as "Prince"... he did not change his name to be some strange WTF... he did it because his record company owned the use of "Prince" in his context. Personally, I think you could get some good not too expensive advice from one of the legal clinics at any law school...or just spend the money to do it. The other downside is the "flattery" that is imitation... if your trademark becomes valuable someone will copy it... see "China" and then you get to spend $$$ protecting your brand....oy vey, at least my beachfront intellectual property is not worth anything...

Wishing all the best, Sincerely,

Bob Hope

[Frumious Boojum]

You don't need a lawyer, really.

Registering the name with the state is the easiest, and least expensive, way of registering your name.

Just contact the state's copyright office for information on establishing your trade name with the state. It's very helpful to have it at least registered with the state. Registering with the federal government is very expensive and a lot more difficult, so just stick to state government for now.

You'll need to contact the state, anyway, for your sales license. And don't forget the federal government for your Employee Identification Number (needed, even if you're the only employee).

[phototakeouter]

Originally Posted by Sagelike31

1. Can I trademark the name?

Yes. It's quite simple. Just stick TM on the end.

I'm sure you came across the Basic Facts About Trademarks booklet on the USPTO site in your reading.

In a sense, trademark is similar to copyright in that you can claim it without being required to file any paperwork. However, of course, your claims can be challenged if someone else has already been using the same trademark.

Registered trademark - the circled R - is a whole other story, however.

Originally Posted by Sagelike31

2. Should I?

I don't know. It really depends on what sort of photography you are into and how likely it is that it would be worth a competitor's while to infringe on your name.

More important would probably be to ensure that your trading name is a legitimately registered business. Anything beyond that would probably be of minimal importance.