

ASK HN: How to get a Trademark? - dawie

How do you trademark your web app?<p>Do you have to get it trademarked in different countries?<p>Is it important to get one?<p>Do the YCombinator companies get them?
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pg
I don't know about other countries, but in the US you get trademark protection
just by claiming a trademark. That's when you put a little TM after the name.
You can also go a step further and get a registered trademark, which requires
filing paperwork with the government. If they approve your application, you
get to replace the TM with an R in a circle.

We usually advise startups we fund that a TM is enough initially. That's all
YC itself has. Even Google only has a TM in their logo-- though maybe they
have a registered trademark, but think the R in a circle would look too
stuffy.

~~~
ErrantX
In a lot of states TM gives you very little leeway to enforce your rights (to
the point of being inneffective at times). R is leaps and bounds better.

Also remember federal trademark law gives a lot of weight to "first file"
rather than "first use". So if another company files a registered TM on the
same name YOU have to fight to stop them (and lose pretty much all legal
rights over the name for the duration) & there is no guarantee to win - even
if you used the name first :)

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ErrantX
> How do you trademark your web app?

tough question to answer w/o specifics. trademarking the name of your app is
moderate to hard (unless it is very unique). Specific technology (e.g.
somethign it is built with) that is _unique_ you can trademark the name for
even easier. Trademarks usually take a while to process.

Also in the US they like it to be used commercially for a while before an
application.

If you have a super wicked new way of doing something then you can Patent the
technology (which protects the IP of the "idea" rather than just the name).

> Do you have to get it trademarked in different countries?

Yes. In the UK it is easy. The US I think it is easy too: take a peek at the
US patents and trademarks site.

> Is it important to get one?

Probably not. People Trademark names like the Iphone etc. stuff that is likely
to be ripped off. Is someone likely to open up a similar web app with the same
name? remember that is pretty much all Trademarking covers you on. You cant
trademark the idea so a web app with the same functionality and a totally
seperate name isnt affected by any trademarks you hold (that is where Patents
and IP law comes in).

I wouldnt like to give any firm answer w/o knowing anything else.

And as usualy this advice is _not_ legal advice - just stuff I picked up from
our dealings in these matters :)

EDIT: pg's post reminded me to add - I am talking about registered trademarks
here, not just the "slap a tm on" type :)

