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Startup Trademarking

STARTUP TRADEMARKING What You Need to Kncw (TM Trademarking is of vital importance to new businesses, but first-time entrepreneurs often do not realize how vulnerable they are when operating a business withcut a trademark. Read to see how to protect your startup. STARTUP FACTS & STATS 2006 The rate of startup creation has been steadily rising since 2006 ФФФ 2010 In 2010, 340 of every 100,000 adults launched a business each month. That's 565,000 startups monthly 2010 Latinos are more likely to start their own businesses as compared to the average person; the entrepreneurial activity rate for Latinos in 2010 was 560 per 100,000 adults 2010 High school dropouts also had a high rate of entrepreneurship in 2010 at a rate of 590 per 100,000 adults #1 Nevada and Georgia had the highest rate of entrepreneurial activity (510 per 100,000 adults), while West Virginia had the lowest (170 per 100,000 adults) The construction and service industries had the highest startup rates while manufacturing had the lowest NV GA First-time entrepreneurs only have an 18% chance of succeeding; however second time startups have a 20% success rate REJECT REJECT As many as 80% of new startup trademark filings are initially rejected Why TRADEMARK YOUR STARTUP? 3 HELL HELLO It helps protect your business identity It protects against others using the same or similar business name or logo It provides "concrete proof" of your legally protected rights REGISTER FOR SALE A trademark registration is Registering company names and domain names alone does not Federal trademark registration rights extend nationwide an asset (it may be licensed or sold) provide trademark protection Tips on GETTING AND PROTECTING Your Trademark Google SEARCH Register a nationwide trademark from the United States Patent and Trademark Office Search Google to see if your intended trademark already exists (USPTO) website from $275 to $375 Beware of "parcdying" a famous brand; most large iconic brands such as Coca-Cola, McDonald's and Pepsi are protected by the Trademark Dilution Revision Act XXX Hire a lawyer and file for trademark protection Know when to walk away. Sometimes a startup does everything by the book and still faces a trademark fight Reasons Why YOUR TRADEMARK MAY BE Rejected 2 f it is likely to cause confusion, mistakes or deception with a mark already registered with the USPTO If it simply consists of a generic term lf it primarily describes, or is deceptive about, the gecgraphic origins of the goods and services If it is primarily merely a surname TAYLOR lf it is deemed immoral, deceptive cr scandalous (profane words or language) lf it disparages er falsely suggests a connection with pecple, institutions, beliefs or national symbols If it uses the flag, coat of arms or other insignia of the United States, any state or any foreign nation m lf it uses the name, portrait or signature of any living person without that person's written consent lf it uses the name, signature or portrait of a deceased President of the United States during the life of his widow without her written consent STARTUP "TRADEMARK WARS" Candy conglomerate Tootsie Roll Industries TootsieRoll Pinterest served shoe startup Rollashoe's "Footzyrolls" brand with a trademark vs footzyrolls p’ntrips infringement lawsuit *E atat Pinterest has filed a lawsuit against the new travel planning startup, Pintrips for allegedly copying part of the brand name filbud Startup AioTV is now suing AT&T for trademark infringement over their new prepaid wireless brand called "Aio Wireless" Vs facebook. * fitbit Fitbug has filed a complaint against popular fit-tech startup Fitbit alleging In 2005 Facebook filed a trademark application with the USPTO for the word "FACE" (however it only applies to telecommunication services) trademark infringement and unfair competition and business practices wannado Wannado, a Nashville-based startup of 2011, has filed a complaint against San Diego-based Active Network for alleged trademark infringement for launching their own VS WWF wannaDo similar site called WannaDo in February 2013 WF In 2000, the World Wide Fund for Nature won a case against the World Wrestling Federation (now known as the wWE) over the use of the initials VWWF Everything from Lady Gaga's name, the Nike "swoosh," and the NBC chimes are registered with the USPTO. It would be wise for any startup company to look into getting a trademark to protect their business name, product names, logos and slogans. SOURCES O SecureYour Trademark.com www.statisticbrain.com/startup-failure-by-industry/ www.inc.com/guides/how-to-file-a-trademark.html onstartups.com/tabid/3339/bid/79/ www.newventurelab.com/resources/blog.php?id=261 www.forbes.com/sites/cherylsnappconner/2012/07/12/5-sure-signs-a-startup-firm-will-succeed/ www.businessweek.com/small-business/startup-rates-surge-in-the-us-and-abroad-01202012.html www.sba.gov/content/follow-these-steps-starting-business money.cnn.com/2011/12/01/smallbusiness/trademark/index.htm www.brandchannel.com/home/category/trademark-wars.aspx?page=2 boss.blogs.nytimes.com/2012/04/11/a-start-up-re-thinks-the-process-of-getting-a-trademark/?_r=0 www.businessinsider.com/15-ridiculous-trademarking-attempts-2011-4?op=1 www.jdsupra.com/legalnews/5-reasons-your-trademark-registration-wi-86534/ www.startups.co.uk/does-your-business-need-a-trade-mark.html www.outsidethebeltway.com/sarah-palin-trademarks-her-name/ en.wikipedia.org/wiki/wWE#World_Wrestling_Federation_Entertainment.2C_Inc._281999-2002.29 www.bizjournals.com/nashville/blog/2013/06/wannado-or-wannado-local-start-up.html -------- ...-- - -------

Startup Trademarking

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In 2010, 340 of every 100,000 adults launched a business each month. If you’re a new small business owner and you want to eliminate the chance of having to deal with any future costly trademark disp...

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