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Trademark Searches and Filing

There are plenty of mean, nasty corporate bullies out there, as can be attested to by E.Z. Earl’s current situation. You may want to look into filing a federal trademark (this is different than a state trademark). This little fella gives you the right to use that fancy "circle R" ®

I've done several trademark applications, and they can take anywhere from 8 months to one that is currently in its 15th month of application hell. Whee!

You can do preliminary searches at the US Patent and Trademark Office

***WARNING*** I am not a Lawyer....nor do I play one on TV. For personal use only. Keep away from small children. Seek Medical Attention if after 4 hours you still are maintaining a...... Ahem... sorry, got carried away

Anywho, I did my searches and applications myself. $350 per application. Do you only want to trademark the name? If you want to trademark your logo, that's another $350!.

TIP: Remember that the Date you First Used in Commerce is not Today's Date! If you sold "Snerky's Tripped Out Heat-n-Glo" (mmm I like that name!*) at a farmer's market 10 years ago and can prove it and someone else decides to trademark a similar name, you will have the Edge

Yes, that's all...an Edge...It may keep Big Corporate from using a similar name to begin with....

Also, be vigilant about checking this site for possible infringements on YOUR trademark...if you've already filed. You can file an objection. It might save everyone a headache.

*Snerky's Tripped Out Heat-n-Glo TM is a trademark of Grafikat® Design Company. All Rights Reserved
Great post Anija!

Anija said:
***WARNING*** I am not a Lawyer....nor do I play one on TV.
I've never played a lawyer on TV either, but I've been a Starship Trooper, a cowboy, a male prostitute, student, ghost hackysack player, ghost coal miner, redneck, King Tut, and many others...but never a lawyer....hmmm....maybe I need to do that role so I can officially say that "I played one on tv"....:hell:

E.Z. Earl

A lot of laws, but little justice!

Anija's advise is well taken. I would expand it to add a huge dollup of patience. Once you are sure you are moving into the highly competitive hot sauce market, you would be well advised to develop your brand name and label design early and proceed with the trademark search and other due dillignce. A newbie mistake is to assume conditions that may seem logical but are not necessarily legal. Example: I own the T/M "Stirling" in the U.S., Canada, and Europeon Union. It took 14 years to clear these three T/M hurdles!! I fought (and lost) in Canada against Sterling Coffee. The phonetics mean little in T/M work. Stirling (Scottish) and Sterling (English) sound exactly the same and can therefore be ruled a conflict or infringement. I eventually received the T/M but only by a lot of legal finesse in re-writing the product desription and classification. In my current battle I am attempting to employ a little finesse to toss the Ogre a bone while I proceed with most my brand intact! :)

Take the time to research, including identifying the Big Ogre that may pounce on you if you crowd him to much. Then, if it happens as it just did to me inspite of extensive pre-planning and preparation, have a plan B, C, D, etc. I have found that finesse is less expensive than mounting an attack. - E.Z.
I'm currently doing a search for what I should name our food company name, going to be tricky...
Anija said:
Got the Sci Fi Junky's attention there! Do Tell :)
Oh! A fellow geek! I played Lt. Spears in Starship Troopers 2 (pics can be seen at the following links; Full Costume, Flight Suit, Movie Scene 1, Movie Scene 2 right before I'm devowered, Behind the scenes w/director). It was a fun 3+ days of shooting. I have the official distinction of being the only person in those movies to wair glasses. NO ONE in those movies has that distintion. I originally had a big roll, then had the script taken from me and was downgraded, given back, and taken from me a total of 5 times before I shot my scenes, which had no lines at the end when all was said and done.

And since you are a geek, you will appreciate this. I got to hug AND kiss (on the lips) Jeri Ryan (played Seven of Nine on Star Trek Voyager) when I was a season regular on Boston Public...it was off camera...final episode... :)
As a Voyager fan, I fully appreciate that. Nicely done, sir. At the moment, I'm enjoying the new serieses of Stargate SG1 and Atlantis over here. Apparently, it' the last SG1 so they seem to be doing quite a lot of tying it into atlantis, perhaps to boost the ratings for that show. I think it's good enough anyway. Although having them back to back over here does occupy my entire Wednesday evening.

Where was I? Oh, yeah, and Stargate SG1 seems to be turning into an amalgam program possibly worthy of the name "farscapegate" or something. Ben Browdler AND Claudia black? Not that I'm complaining..... a bit of Gigi Edgley wouldn't go amiss...

I've been playing a lawyer for 8 years now. No one's picked me up on it yet. It's not that hard :)
Lol Shooty*! We call it FarGate! I've got the theory the offered Atlantis to Browdler, but he didn't wan't to play second fiddle. He is a very nice replacement for MacGyver!

BTW, I have always wanted to dress up as Seven, but I can't quite get my figure in shape to do the costume justice. Actually, I was REALLY close to making a T'Pal costume last year, but a car accident put the Kabosh (sp?) to that Halloween.