Trademark?

So....have any of you gotten your logo or Business name trademarked?? Some friends told us we need to get my photo biz trademarked, as well as my husbands Digital Media company, but do I really??? It's not like we're Nabisco or something. What do you all think?

Two schools of thought, you try to get it TM' d and another company with the same or similier name sues the pants off of you. But with a name like E3 it will be difficult to get that passed. There are too many other business with this or a related name.

Second you get it passed and then get your pants sued off by all the other E3 companies out there.

http://www.google.com/​search?hl=en&q=e3+phot​ography

Consult an attorny? 5K at least. Do a quick TM search http://www.uspto.gov/i​ndex.html

Les

Thanks Les. We've already done the research on the USPTO site. It's $325 for each TM and niether one of our company names have been TM'd yet. I realize that there are several other E3 photo places out there. Just dont' know what to do to protect my companies rights.

I also dont' understand how I could get sued for MY logo?? It's not like I'm copying anyone elses....I created the name from my initials so how could I be sued??

Here in Silly Con valley it happens alot. Remember anyone can sue at anytime they want and make you defend yourself. The question is not if they can sue, but does their case have any merit?

Furthermore it also has to do with related businesses too, if somebody can show that they had a track record of a business name similier to yours you may be required to give up your TM even if it gets reg'ed.

This is a deep legal area that I am not 100% expert on and that is why patent and TM attornys make so much dough. That is why most photographers use their name it offers some protection that way. I use a fictitious business name too reg,d in CA so far after 20 years no issues. There are several similier names all of us too small to care.

Les

hmmmmm....well, now I'm freaking out a little bit. maybe we'll just get my husbands company trademarked and have it be my parent company?? Luckily my hubby's uncle is an business attorney. Maybe once we get moved down to AZ we'll see if he can't give us some free legal advice. HA! Or a trade....pics for legal advice. LOL

All our friends are promoting us to all their friends and families and I just want this biz to work and work well without too much hassle. All the behind the scenes biz stuff is so mind blowing to me. I just want to take pics and get paid for it. *rolling my eyes*

Well....thanks for all the advice Les. Hopefully, it will all work out.

E3_Photo_Studio wrote in post #2395039
hmmmmm....well, now I'm freaking out a little bit. maybe we'll just get my husbands company trademarked and have it be my parent company?? Luckily my hubby's uncle is an business attorney. Maybe once we get moved down to AZ we'll see if he can't give us some free legal advice. HA! Or a trade....pics for legal advice. LOL

All our friends are promoting us to all their friends and families and I just want this biz to work and work well without too much hassle. All the behind the scenes biz stuff is so mind blowing to me. I just want to take pics and get paid for it. *rolling my eyes*

Well....thanks for all the advice Les. Hopefully, it will all work out.

I would take advantage of that ASAP!! There probably is no reason to have yourself TM'd unless you plan on incorperating too. Sole owners have no real need to. But like I said get that advice and tell me what he says, please.

Thanks,

Les

Well, You might have to wait until End of January. The next 3-4 weeks are filled with packing, moving, and unpacking. UGH. Then once we're settled....we'll see what Uncle Jon says. I'll definately post what he says though if it's worth it. Thanks so much for all your help!