can mailing the trademark to yourself and not opening it give you any legal rights
2006-09-01 04:49:51 · 5 answers · asked by Anonymous in Business & Finance ➔ Advertising & Marketing
A trademark is only secure if you can win any lawsuit against a potential infringer. Trademarks vary in strength. Why? Because a trademark is anything that the public associates with the origin or source of the product. It doesn't even have to be a word. It can be the Nike swoosh for example.
The more exotic the name or mark, the stronger the mark will be.
Example of a weak/nonexistent mark: Calling your product 'Beer'
A little stronger: 'Lite Beer'
yet a little stronger: 'Pearl' (denoting the color of the beer)
stronger: 'Rolling Rock' (words that have nothing to do with beer)
strongest: 'Blatz' (a completely made up fanciful name)
You get a trademark automatically, as soon as the public identifies you as the source of a product (and doesn't confuse you with an already existing trademark). To prosecute a lawsuit against an infringer, you'll need to register your trademark any time prior to the lawsuit.
2006-09-01 08:47:05 · answer #1 · answered by Brand X 6 · 0⤊ 0⤋
Mailing it to yourself does nothing. That had been thought to be a way of guaranteeing a trademark, but it can't hold up in court. Go to the U.S. Patent Office website for tons of free information on what you need to do. uspto.gov
2006-09-01 05:58:07 · answer #2 · answered by radar 3 · 0⤊ 0⤋
You can use a TM, which warns others that you're protecting your name. However, it has no teeth whatsoever until you register it. Then and only then can you use the circled 'R'.
2006-09-01 07:38:47 · answer #3 · answered by maximrdr2001 2 · 0⤊ 0⤋
Unfortunately, none. Except if you buy it. Through franchise or passed down to you through inheirtence.
2006-09-01 04:54:18 · answer #4 · answered by WindyG 1 · 0⤊ 0⤋
call a patent attorney and have it patented.
2006-09-01 04:58:27 · answer #5 · answered by cookie 6 · 0⤊ 0⤋