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Trayvon trademark (vanity)
trademarkia.com ^ | 6/28/14 | Grandjedimasteryoda

Posted on 06/28/2014 11:58:57 AM PDT by GrandJediMasterYoda

I'm just wondering if any Freeper lawyers out there know how Trademarking a cartoon character would work. Me and my brother have been working on a cartoon the past few months and we got the domain name and copyrighted the cartoon character, but now we want to trademark it with a logo so we can use it to sell junk, tee-shirts, coffee mugs etc etc ..IF it sells. Just getting ready before we post it on the web. So we went to a lawyer who told us it cost $2,500 just in the US alone to trademark it on the Fed level which sounds a bit high being that the numbers I found on the government website listed $350, and this website above listed $159. So out of curiousity I remembered the name "Trayvon" was trademarked and did a search and this came up, just one listing after another for everything from Cds, DVDs, hoodies, cartoons, charities etc etc. and incredibly they even trademarked the "If I had a son he'd look like Trayvon" sentence. So how did they do this? I doubt they laid out $2500 for each one of these. Thanks


TOPICS: Chit/Chat
KEYWORDS: trademark

1 posted on 06/28/2014 11:58:57 AM PDT by GrandJediMasterYoda
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To: GrandJediMasterYoda
One has to use it in business for a year using the TM symbol, which stakes a claim. If there are no other contenders in your market area using the trademark when you show your evidence of use to the Patent Trademark Office, they'll probably "salute" and allow you to become registered, which is when your real protection can begin.

HF

2 posted on 06/28/2014 12:02:51 PM PDT by holden
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To: GrandJediMasterYoda

It will be deemed offensive and you would be stripped of your rights. Just ask the Redskins.


3 posted on 06/28/2014 12:03:11 PM PDT by cripplecreek (Remember the River Raisin.)
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To: GrandJediMasterYoda

4 posted on 06/28/2014 12:04:34 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: GrandJediMasterYoda

I SO wish I’d had the presence of mind to video a kid walking down my street jerking his head to the side to look in the window of each car he passed. If it had been me, I’d’ve had a sorry neck by the time I got to the end of the block! TradeMark that image for Treyvon Martin.


5 posted on 06/28/2014 12:09:14 PM PDT by CharlesOConnell (CharlesOConnell)
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To: holden

THANK YOU! That sounds totally reasonable how it would work. This lawyer we talked to seemed to be pulling a fast one, she wanted us to “print up a few tee shirts and sell it to friends” then make a receipt and give her $2500 up front, I was like what are you kidding? Forget it.

So if we put this on the web and put that TM next to it for a year, couldn’t somebody else do that as well? Or I guess they would have to make it public? Not that they would anyway, there’s probably zero chance this would sell but you never know.


6 posted on 06/28/2014 12:13:24 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: BenLurkin

LOL! Yep! That’s his son alright.


7 posted on 06/28/2014 12:16:31 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: cripplecreek

Wow Check this out - I did a search on “Redskins”...Look what it says up top: CANCELLATION PENDING. Holy smoke, they have to be kidding me. How long has that name been around? Since the 1930s? And NOW they are offended? After 84 years suddenly they are offended?

http://www.trademarkia.com/trademarks-search.aspx?tn=redskins


8 posted on 06/28/2014 12:20:21 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda
They're now going after the Cleveland Indians logo.

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9 posted on 06/28/2014 12:28:26 PM PDT by cripplecreek (Remember the River Raisin.)
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To: cripplecreek
The only race that I know that has "red skin" are white people with a sunburn. Maybe they should make this their new logo.....


10 posted on 06/28/2014 12:34:07 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda
IANAL, but I have gotten three trademarks registered in the last four years. Others may try, but if you're first and show that you're making a full faith effort at use of that trademark in your market area, you have a good shot at being awarded the registration. Warning, expect that whole process to take 2-1/2 to 3 years.

If others use that same trademark, you'll need to calculate your chances of ultimately winning the registration by satisfying yourself that you were an earlier claimant than your competition (if in the same market area). If I were faced with someone else that was on the scene using the same trademark (using a TM), I'd probably take my investment to a different, unused trademark rather than waste all the time and effort hoping they go out of business.

I suppose it's possible a competitor will challenge you if that entity shows they were clearly first, but if they don't survive in business, or you buy out their trademark, you might still be the eventually winner of the registration.

IANAL, so that's merely my two cents worth. But, I've always gotten the registrations for which I filed, which I think is up to six.

HF

11 posted on 06/28/2014 12:38:37 PM PDT by holden
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To: GrandJediMasterYoda

Regardless of what the kid was...wouldn’t you have to consult the family before selling anything in there name?


12 posted on 06/28/2014 12:45:21 PM PDT by Dallas59
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To: holden

Thanks a lot. Wow holy smoke, 2-3 years. That’s government for you though lol. How did Trayvons parents get those trademarks so fast though? And that’s not even a logo, it’s just his name in a sentence.


13 posted on 06/28/2014 12:46:20 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: holden

Oh wait I see, Trayvons parents filed on 3/21/12 (gee, they didn’t waste anytime did they?) and it was approved on 6/23/14


14 posted on 06/28/2014 12:48:48 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: BenLurkin
"If we had a dad he'd look like Obama!"


15 posted on 06/28/2014 12:54:18 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

Obama is about the whitest black guy you’ll ever want to see.

He wouldn’t even know where to start....to get to looking like those two kids.


16 posted on 06/28/2014 1:22:22 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: GrandJediMasterYoda

Put on the TM symbol and it is considered trademarked. If you want to actually register the trademark (circled R), it will cost you. Either way, you will need lawyers to defend it, if it is something that others can make money from by stealing it.


17 posted on 06/28/2014 1:49:17 PM PDT by Kirkwood (Zombie Hunter)
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To: Kirkwood

Thanks! I think I get it now, it’s like staking a claim and if it starts paying off or showing promise then I’ll definitely get a lawyer to hold the vultures back. I always wondered what those symbols mean, TM and R, thanks!


18 posted on 06/28/2014 2:01:25 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: Kirkwood

Put on the TM symbol and it is considered trademarked.
______________________________________________
That is what I did 27 years ago. The name is obvious related to my product, but while the product has been imitated several times, no one ever tried to pirate the logo/name/brand. Everyone of the imitators failed/quit production in short order.

Now: a portion of my 2-word brand can be, has been,is and was applied to several other completely different products. What I *own* is the two-word brand applied to my particular and specific product. However, I am unaware of _any_ other use of the single word in the logo applied to different items that lasted more than a couple of years.

It all depends on whether you are out to make a quick buck or in it for the long haul. Continuous usage in the market place can constitute product recognition and *goodwill* and those are commodities that gain more value over time.


19 posted on 06/28/2014 2:06:56 PM PDT by reformedliberal
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To: GrandJediMasterYoda

It’s easier to spend money on trademarks and copyrights than it is to make money from them. Unless your cartoon takes off and is really something new, don’t count your money yet.


20 posted on 06/28/2014 2:09:54 PM PDT by Fear The People (When the government fears the people, you have LIBERTY.)
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To: Fear The People

Yeah it’s a crap shoot, like playing lottery, I don’t even have to guess it will fail no matter how many episodes we draw, but I just want to make sure our butt isn’t going to be ripped off if it does strike a nerve. It amazes me all the rings a person has to go through just to do that. It seems to me the only winner in this is the government. I was look at the Mickey Mouse trademark record, it just goes on and on and on an on for everything you could possibly imagine. There’s absolutely no need for that, but the government being the thieves they are makes sure you trademark for every single solitary item in existence. Look at this, this is ridiculous. This is just blatant ball busting by the government to extract as much money as possible from a successful corporation....

http://www.trademarkia.com/trademarks-search.aspx?tn=mickey+mouse


21 posted on 06/28/2014 3:28:21 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

Put the trademark on paper with your fingerprints. Mail it to yourself certified mail and have it date stamped, and never open it until you get the registered trademark. In fact it’s a good idea to keep it unopened as long as you use the TM. This is the way my husband protected his songs until they were published.


22 posted on 06/28/2014 3:34:28 PM PDT by WVNan
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To: Fear The People

You know what I was thinking of doing that my brother is completely against, is making a cartoon about Hillary just to utterly destroy her quest for supreme power. I was thinking of having her go into a clothing store - but draw her wearing a Nazi like floor length black leather coat and have her standing 3 feet tall, and have huge bodyguards behind her. Then have her scream at the clerk “I WANT SOCKS!” and then have the clerk say “Oh yes Ms. Clinton I am a big fan! What kind of socks would you like, red or blue socks?” and then have Hillary scream “WHAT DIFFERENCE DOES IT MAKE?” Then later on have her going to a restaurant and order a salad with this waitress asking “Would you like French or blue cheese dressing?” and again have Hillary scream “WHAT DIFFERENCE DOES IT MAKE?” Just make her out to be the most evil vile witch this side of creation, which wouldn’t be hard. We do all animation by the way, no comic strip cartoons. My wife does an excellent Wizard of Oz “wicked witch of the west” type voice that we could use for Hillary. I think that would really get some major attention but my brother is such a freakin’ lib he won’t do it. He voted for Obama twice if you can believe it as did my Aunt. My Aunt totally regrets it now but he doesn’t. He thinks all these Obama F ups are being misinterpreted, that Obama is the “wise one” and it will all work out. This is the mentality I’m working with.


23 posted on 06/28/2014 3:41:13 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: WVNan

WOW! Now that is a *great* idea! I love Freep, I always get awesome answers like this which is like trying to pull teeth from any place else! THANK YOU THANK YOU! Can you believe I was on the phone yesterday with a lawyer for 40 minutes and she mentioned none of this stuff, it was all money money money money.


24 posted on 06/28/2014 3:46:55 PM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

bkmk


25 posted on 06/29/2014 1:52:55 AM PDT by AllAmericanGirl44
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To: AllAmericanGirl44

What does that mean?


26 posted on 06/29/2014 5:38:26 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

Sorry, it just means bookmark for myself to read later.


27 posted on 06/29/2014 11:40:05 AM PDT by AllAmericanGirl44
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