Inhiding Posted September 16, 2011 Share Posted September 16, 2011 The LLC thread was informative and timely for me as I am looking at opening a brewery in my hometown. I did a domain search and found that the name I wanted has been claimed as of March 2010, and expires in March 2012. A quick, although I don't know how thorough, search shows that the name I want is not trademarked. Now if trademark the name before the other fella does or realizes then I can maybe talk him out of the website name when it expires, and that would about the time I expect to open up for business. Sound like a good plan or do you think the guy will tell me to pound sand. Currently he is just squatting on the domain name and isn't looking to open a brewery soon. He has no experience in this area. Also should I just stick to calling my brewery something similar and just bypass the old name altogether. It would be Hometown Beer Company as opposed to Hometown Brewing Co. Hometown is not the name I am using just using this as an example. I own the Hometown Beer Company domain name already. Thanks in advance, and when I get going one free beer if you mention the Huddle when you come in for a pint! Inhiding Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted September 16, 2011 Share Posted September 16, 2011 The LLC thread was informative and timely for me as I am looking at opening a brewery in my hometown. I did a domain search and found that the name I wanted has been claimed as of March 2010, and expires in March 2012. A quick, although I don't know how thorough, search shows that the name I want is not trademarked. Now if trademark the name before the other fella does or realizes then I can maybe talk him out of the website name when it expires, and that would about the time I expect to open up for business. Sound like a good plan or do you think the guy will tell me to pound sand. Currently he is just squatting on the domain name and isn't looking to open a brewery soon. He has no experience in this area. Also should I just stick to calling my brewery something similar and just bypass the old name altogether. It would be Hometown Beer Company as opposed to Hometown Brewing Co. Hometown is not the name I am using just using this as an example. I own the Hometown Beer Company domain name already. Thanks in advance, and when I get going one free beer if you mention the Huddle when you come in for a pint! Inhiding How will we find you? I'm sure you can stick with the company name and do some fancy work for the web address... HTBrewco.com, Homeybrewing.com, Homobrewco.com, etc.... Quote Link to comment Share on other sites More sharing options...
Fatman Posted September 16, 2011 Share Posted September 16, 2011 There will be others who know more about this than I do, but one of the central standards for a trademark is use. If he can prove that he's been doing anything with the name (and it's a relatively low standard), he'll have a much easier time trademarking it than you. Quote Link to comment Share on other sites More sharing options...
darin3 Posted September 16, 2011 Share Posted September 16, 2011 Paging skins... Quote Link to comment Share on other sites More sharing options...
Inhiding Posted September 16, 2011 Author Share Posted September 16, 2011 How will we find you? I'm sure you can stick with the company name and do some fancy work for the web address... HTBrewco.com, Homeybrewing.com, Homobrewco.com, etc.... When i get it all settled out, I will let everyone know! but there will no distribution outside of San Luis Obispo County in the near future. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted September 16, 2011 Share Posted September 16, 2011 When i get it all settled out, I will let everyone know! but there will no distribution outside of San Luis Obispo County in the near future. So, you'll come outofhiding? Quote Link to comment Share on other sites More sharing options...
twiley Posted September 16, 2011 Share Posted September 16, 2011 You need to line up a trademark lawyer. I'll be honest, it can be a long and arduous task to get things trademarked. It's not hard, just takes time. Ton of paperwork along with providing examples on why you want it trademarked. Then it's ultimately up to the patent and trademark office to decide on approval. Did I mention the large amount of paperwork? Quote Link to comment Share on other sites More sharing options...
yo mama Posted September 16, 2011 Share Posted September 16, 2011 (edited) Regardless of whether the other guy is using the domain name, if there is a risk of your trademark being confused with his domain name you'll have a problem. The other guy can object to your application, and the PTO examining attorneys will almost certainly find the registered domain name on their own anyways. The process can take like a year and half AFTER you file your application, and the fees are non-refundable if your application is denied for any reason. I am a lawyer and its took me months to figure out the process under similar circumstances. Although you do not technically require a lawyer to file a trademark application, I do not recommend that you undertake this project on your own. Good luck. Edited September 16, 2011 by yo mama Quote Link to comment Share on other sites More sharing options...
geeteebee Posted September 16, 2011 Share Posted September 16, 2011 Regardless of whether the other guy is using the domain name, if there is a risk of your trademark being confused with his domain name you'll have a problem. The other guy can object to your application, and the PTO examining attorneys will almost certainly find the registered domain name on their own anyways. The process can take like a year and half AFTER you file your application, and the fees are non-refundable if your application is denied for any reason. I am a lawyer and its took me months to figure out the process under similar circumstances. Although you do not technically require a lawyer to file a trademark application, I do not recommend that you undertake this project on your own. Good luck. Come on, be honest. You aren't a real lawyer, you're just a tax lawyer, right? Quote Link to comment Share on other sites More sharing options...
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