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If everyone is pretty sure about getting sued, where do trademark classes fit in?
If I am not mistaken , you register trademark with "NICE classification" ( something like http://web2.wipo.int/nicepub/edition-20140101/taxonomy/?pagination=no&lang=en&mode=full&explanatory_notes=hide&basic_numbers=show ) , so couldn't you theoretically have same name in another class if not registered before?
couldn't you theoretically have same name in another class if not registered before?
1. What if I use a taken name for my game studio/website/company if I could go that far?
2. What if I use a taken name for my game (having the same name with a brand/company/... or with other game)?
Are these names used locally? or are they businesses from different countries?
It's important to check with an attorney and vet where these names have been registered specifically.
Of course, this is impractical if the business or product is registered in any country that is part of your target audience (at which point you may need to operate under different names in different areas, which is particularly annoying).
You'd be surprised however to see just how often names are only registered in one country (of origin). Some ill-intentionned trolls may lurk about, see something succeed, and quickly register that name of operation in other countries.
The only problem with that is you'd need to pay a lawyer a lot of money to run trademark searches in all of the countries you're looking to operate in.
It's been said a lot of times, but I'll say it again: If you can't afford a lawyer, you shouldn't be in business.
The only problem with that is you'd need to pay a lawyer a lot of money to run trademark searches in all of the countries you're looking to operate in.
It's been said a lot of times, but I'll say it again: If you can't afford a lawyer, you shouldn't be in business.
Going into business will eventually necessitate a lawyer's services. Hiring a lawyer when needed is not wasting a resource.Being able to afford a lawyer and wasting resources on one are completely different. OP can avoid a lawyer and legal fees by just using an original name.
LennyLen never said one should hire an exorbitantly expensive lawyer. There are reasonably priced lawyers.Telling someone that they shouldn't go into business unless they are willing to pay an exorbitant amount for something they don't need is irresponsible IMO.
Going into business will eventually necessitate a lawyer's services. Hiring a lawyer when needed is not wasting a resource.Being able to afford a lawyer and wasting resources on one are completely different. OP can avoid a lawyer and legal fees by just using an original name.
LennyLen never said one should hire an exorbitantly expensive lawyer. There are reasonably priced lawyers.Telling someone that they shouldn't go into business unless they are willing to pay an exorbitant amount for something they don't need is irresponsible IMO.
I agree. I used a lawyer for our articles of incorporation and shareholders agreement. There is a time and place for lawyers, and IMO as a business that is starting up, registering a trademark shouldn't be one of them, especially if you already know someone is using the name. The exorbitant expense I was referring to was having a lawyer run a trademark search for all of the countries that the OP would be operating in. This was the original comment I made that LennyLen responding to.
The exorbitant expense I was referring to was having a lawyer run a trademark search for all of the countries that the OP would be operating in. This was the original comment I made that LennyLen responding to.
Yet in a further comment, you mentioned that you don't have the legal experience to determine whether or not a slightly different issue would resolve in favour of or against the OP.
This is what I was referring to:
I'm not a lawyer, but my understanding is that they could still go after you. Let's take clothing for example, specifically Marc Ecko's line of clothing. For a long time he was just in the clothing business and then he decided to branch out in to video games with "Marc Ecko's getting up: contents under pressure". If you had a game called "Ecko: ages of eternity" that released 10 years after the clothing line and 1 year before Marc Ecko's video game, he could still come after you.
A real lawyer would be able to actually answer the question.
The exorbitant expense I was referring to was having a lawyer run a trademark search for all of the countries that the OP would be operating in. This was the original comment I made that LennyLen responding to.
Yet in a further comment, you mentioned that you don't have the legal experience to determine whether or not a slightly different issue would resolve in favour of or against the OP.
This is what I was referring to:
I'm not a lawyer, but my understanding is that they could still go after you. Let's take clothing for example, specifically Marc Ecko's line of clothing. For a long time he was just in the clothing business and then he decided to branch out in to video games with "Marc Ecko's getting up: contents under pressure". If you had a game called "Ecko: ages of eternity" that released 10 years after the clothing line and 1 year before Marc Ecko's video game, he could still come after you.
A real lawyer would be able to actually answer the question.
I don't want to get into an argument here or derail the topic, but you quoted me talking about international trademark searches. I 100% standby what I said, it's a bad way to use your limited funds when starting a business. Quoted below for your reference
The only problem with that is you'd need to pay a lawyer a lot of money to run trademark searches in all of the countries you're looking to operate in.
It's been said a lot of times, but I'll say it again: If you can't afford a lawyer, you shouldn't be in business.
I am not a lawyer, but I know enough about trademarks from the work that I do to know how relatively unimportant registering a trademark is.
That being said, I agree that you should have money earmarked to pay for a lawyer, but paying for something that doesn't do anything for you or protect you in any way isn't a great use of funds. His search has already yielded that there would be others who would have a claim on the trademark.
Edit: Edited to include the original quote from LennyLen for clarity
I don't want to get into an argument here or derail the topic, but you quoted me talking about international trademark searches. I 100% standby what I said, it's a bad way to use your limited funds when starting a business
Yes, anyone can do an initial search for free, and if the name doesn't come up, you're good to go. But what if the name does come up, in a different industry, or a similar name comes up in the same industry? Advice from people on a forum is not good enough to make a decision on under those circumstances. And if it's the name the OP is going to use for his company, and there are legal issues down the road, then it is very important, as he's now lost brand recognition and could well also be facing legal action as well.
An IP lawyer will be able to easily tell you which names pose unacceptable risks. And considering the initial legal fees compared to those if there is trouble down the line, it's not seeking legal advice that is the irresponsible approach.
