Question

Topic: Copywriting

Trade Mark Question

Posted by Peter (henna gaijin) on 5/5/2009 at 5:57 PM ET 500 Points
Ok, we are looking to trademark a term in the US. The term is made up a descriptor and also a city name (city in Japan, happens to be a very unknown city name in the States). This isn't the term (don't want to give away the actual term), but it would be like the term "Kobe Green". Kobe is the city name, green is descriptor for environmentally friendly.

This trademark would be used with a product line, say Sushi.

So, the question is, if we registered "Kobe Green" and were given the trademark and used it to sell our sushi, if someone then tried to use the term "Kobe Green Sushi", would our trademark be valid against this? Or do we also need to register "Kobe Green Sushi"?

Thoughts?
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RESPONSES

  • Posted by mgoodman on 5/5/2009 at 8:08 PM Moderator
    BARQ is right, to the best of my knowledge. (I'm not an attorney and this is not legal advice.)

    The issue isn't usually whether the name is registered or not but how much value you've imparted to the brand and how extensive the damages you can prove should someone infringe on your mark. And, of course, you have to fund the whole legal proceeding as well.

    Unless you have very deep pockets (or very wealthy and determined backers), my suggestion would be to do your best to register the name, get good legal advice, and then deliver a great product supported by great marketing ... without letting the trademark thing preoccupy your attention.
  • Posted by affordable on 5/5/2009 at 10:30 PM Member
    Trademark firms want many thousands of dollars and most of the work is actually done by the government staff.

    We recently completed our first two successful pro se trademark applications. If you study the information provided on the USPTO site, use the online trademark application and are willing to put some time into it you should be able to succeed.

    The process was a lot like filling out income taxes, but then again it is brought to you by the same entity (US government)

    There are also state trademarks that will help you establish your mark. (~$40 in WI)

    Tim Ballering

  • Posted by Jay Hamilton-Roth on 5/6/2009 at 8:49 AM Member
    I suggest you read: Trademark
    Legal Care for Your Business & Product Name (by Attorney Stephen R. Elias & Attorney Richard Stim) (even if you're not going to apply for the trademark yourself).
  • Posted by Peter (henna gaijin) on 5/6/2009 at 5:06 PM Author
    I appreciate the input and background and such, though an awarding the point fully to Marcus as he is the only one who actually answered my question.
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