I made up a Facebook page and I used a phrase as its name, do I own it as a trademark?
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10-15-2012, 08:55 PM
Post: #1
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I made up a Facebook page and I used a phrase as its name, do I own it as a trademark?
I made up a Facebook page, and I used a phrase as its name. No one has used the phrase, trademarked it or patented it, do I own the trademark and copyright for the phrase?
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10-15-2012, 09:03 PM
Post: #2
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10-15-2012, 09:03 PM
Post: #3
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I don't think so; you'll need to register the phrase/name to own trademark.
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10-15-2012, 09:03 PM
Post: #4
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A trademark is not a trademark unless you made money on it.
Since there is no money involved with setting up a facebook page, you don't own the trademark. Additionally, just because a phrase is not a ® trademark, it can still be a TM trademark. Registered vs unregistered. |
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10-15-2012, 09:03 PM
Post: #5
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Heeeeeeere is how you file for a Copyright...
http://www.take5inc.com/copyright/ It is likely that this is what you want.. you do NOT want a patent.. Enjoy! Dave |
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10-15-2012, 09:03 PM
Post: #6
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You obtain certain "common law rights" by being the first to use a "distinctive" brand in association with some particular goods or services "in commerce", i.e., you're offering, giving or selling them to others and using your brand as an indication of "source or quality".
You obtain "better" rights by registering your claim to that brand for those types of goods or services. However, you still have to prove that the name/phrase is being used as a brand, not just a decoration or some indication of identification other than trademark source or quality. For instance,"Jo's Burgers" would only be the name (identity) until and unless Jo's also starts to sell burgers under that name. |
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