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ASK HN: How to get a Trademark?

3 points by dawie 17y ago

How do you trademark your web app? Do you have to get it trademarked in different countries? Is it important to get one? Do the YCombinator companies get them?

pg 17y ago
I don't know about other countries, but in the US you get trademark protection just by claiming a trademark. That's when you put a little TM after the name. You can also go a step further and get a registered trademark, which requires filing paperwork with the government. If they approve your application, you get to replace the TM with an R in a circle. We usually advise startups we fund that a TM is enough initially. That's all YC itself has. Even Google only has a TM in their logo-- though maybe they have a registered trademark, but think the R in a circle would look too stuffy.
- ErrantX 17y ago
  In a lot of states TM gives you very little leeway to enforce your rights (to the point of being inneffective at times). R is leaps and bounds better. Also remember federal trademark law gives a lot of weight to "first file" rather than "first use". So if another company files a registered TM on the same name YOU have to fight to stop them (and lose pretty much all legal rights over the name for the duration) & there is no guarantee to win - even if you used the name first :)
ErrantX 17y ago
> How do you trademark your web app? tough question to answer w/o specifics. trademarking the name of your app is moderate to hard (unless it is very unique). Specific technology (e.g. somethign it is built with) that is unique you can trademark the name for even easier. Trademarks usually take a while to process. Also in the US they like it to be used commercially for a while before an application. If you have a super wicked new way of doing something then you can Patent the technology (which protects the IP of the "idea" rather than just the name). > Do you have to get it trademarked in different countries? Yes. In the UK it is easy. The US I think it is easy too: take a peek at the US patents and trademarks site. > Is it important to get one? Probably not. People Trademark names like the Iphone etc. stuff that is likely to be ripped off. Is someone likely to open up a similar web app with the same name? remember that is pretty much all Trademarking covers you on. You cant trademark the idea so a web app with the same functionality and a totally seperate name isnt affected by any trademarks you hold (that is where Patents and IP law comes in). I wouldnt like to give any firm answer w/o knowing anything else. And as usualy this advice is not legal advice - just stuff I picked up from our dealings in these matters :) EDIT: pg's post reminded me to add - I am talking about registered trademarks here, not just the "slap a tm on" type :)

3 points by dawie 17y ago

How do you trademark your web app? Do you have to get it trademarked in different countries? Is it important to get one? Do the YCombinator companies get them?

pg 17y ago

I don't know about other countries, but in the US you get trademark protection just by claiming a trademark. That's when you put a little TM after the name. You can also go a step further and get a registered trademark, which requires filing paperwork with the government. If they approve your application, you get to replace the TM with an R in a circle. We usually advise startups we fund that a TM is enough initially. That's all YC itself has. Even Google only has a TM in their logo-- though maybe they have a registered trademark, but think the R in a circle would look too stuffy.

ErrantX 17y ago
In a lot of states TM gives you very little leeway to enforce your rights (to the point of being inneffective at times). R is leaps and bounds better. Also remember federal trademark law gives a lot of weight to "first file" rather than "first use". So if another company files a registered TM on the same name YOU have to fight to stop them (and lose pretty much all legal rights over the name for the duration) & there is no guarantee to win - even if you used the name first :)

ErrantX 17y ago

> How do you trademark your web app? tough question to answer w/o specifics. trademarking the name of your app is moderate to hard (unless it is very unique). Specific technology (e.g. somethign it is built with) that is unique you can trademark the name for even easier. Trademarks usually take a while to process. Also in the US they like it to be used commercially for a while before an application. If you have a super wicked new way of doing something then you can Patent the technology (which protects the IP of the "idea" rather than just the name). > Do you have to get it trademarked in different countries? Yes. In the UK it is easy. The US I think it is easy too: take a peek at the US patents and trademarks site. > Is it important to get one? Probably not. People Trademark names like the Iphone etc. stuff that is likely to be ripped off. Is someone likely to open up a similar web app with the same name? remember that is pretty much all Trademarking covers you on. You cant trademark the idea so a web app with the same functionality and a totally seperate name isnt affected by any trademarks you hold (that is where Patents and IP law comes in). I wouldnt like to give any firm answer w/o knowing anything else. And as usualy this advice is not legal advice - just stuff I picked up from our dealings in these matters :) EDIT: pg's post reminded me to add - I am talking about registered trademarks here, not just the "slap a tm on" type :)