# Trademarks



## PTModIT (Oct 4, 2006)

Hello, I hope this the right place to put this. Anyway I need some info about trademarks for band names. Is their a web site that somebody has delt with ,or someone in the Toronto area. I'am looking for worldwide or at least North America trademark . My son just received a email from a band in the states with similar spelling.Thanks, Mark.


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## Guest (Apr 17, 2007)

Talk to a lawyer. Most will give you an hour consultation for free and let you know where you stand. Otherwise start here: http://www.uspto.gov/main/trademarks.htm -- there's a big link on that page that says 'START HERE'. That's where I'd start looking up a trademark.


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## PTModIT (Oct 4, 2006)

*Update*

Hello, The differents in spelling is just 1 letter but they sound the same . The band in California had it first [about 8 years].As far as I know they play only California.They say their name is copyrighted but I checked it through the USPTO.gov website with NO hits. I type in our spelling and it shows 1 hit in California ,and it's a sports wear company.We play only the Ontario area. We just have a 6 song cd.They are both METAL bands.Those guys are late 30's ,Are guys are 19 in age. I don't know what their doing . Thanks.


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## Guest (Apr 19, 2007)

Wow. Register the domain name and get a site up so you've got a presence with the brand. And have a lawyer on retainer to send them a cease & desist letter the next time they contact you. How did they find you if you play Ontario and they play California? The US is a very litigious country. People fire off lawsuits like they eat big macs. I wouldn't sweat it too much. They'd need to start a copyright infringement lawsuit in Canada and that costs $$$ and time and lawyers in Canada. Probably just a bunch of kids who think they're big in Japan.


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## PTModIT (Oct 4, 2006)

Hello, Our band does have a Domain name site and also MySpace site.So does theirs .They probably found us on MySpace . It only took them 2 years to find us. There is also a guy in Toronto with the same name as us but he plays R&B soul music . We have not heard anything from him.I made a error when I wrote Copyright . They have a worldwide trademark.How can they have a worldwide trademark if their U.S. trademark database shows nothing on them.Our drummers lawyer did a check today and found nothing also.I'am waiting for the next step. Thanks.


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## Guest (Apr 19, 2007)

Good move involving a lawyer. They could just be bullies. Unfortunately *use* is a fair way to establish a trademark along with registration. See: http://en.wikipedia.org/wiki/Trademarks. There is law that prevents bullying with the threat of a trademark suit. If you do nothing and they don't sue you but continue to harass you, you may have grounds for your own lawsuit against them. And you can search for an international trademark registration at http://www.wipo.int/madrid/en/services/madrid_express.htm


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## zao_89 (Feb 17, 2006)

Is your band name worth hiring a lawyer over?


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## PTModIT (Oct 4, 2006)

Hello, Yes the name is worth the time and money to trademark.Its all in the name.


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## dwagar (Mar 6, 2006)

There are probably lots of bands around using the same names. 

The fact that you've released a CD make give you more credibility than they have. Unless you are both recording artists, I don't know that it'd be anything to worry about.


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