Q: Hi. How to go to market with my brand without trademark until i can pay for the seal? Problem: possible brand theft. TY
Im creating my brand name and logos. First steps of entrepreneurship. And im concerned about someone else attempt to generate undesired results. In the past someone used a musical piece composed by me as theirs with renaming, cover and publicity. I'd never shared anything unprotected again.
A: When you first use your trademark to promote or sell goods, be sure to put a little "TM" next to it. This puts people on notice that you are claiming trademark rights in the mark before applying to register it. The process of applying for federal registration of a trademark can take about a year, and if successful, will then allow you to put the circle-R symbol next to it; it also enables you to sue in federal court if the mark is infringed. The rule of priority in trademarks is that, between users of the same mark, the first in time has superior rights and may be able to enjoin the later user as unfairly competing.
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A: Under California law, you can acquire common law trademark rights in your brand name and logo simply by using them in commerce, even without federal registration. However, these rights are generally limited to the geographic area in which you operate. To bolster your claim, consider documenting the date you first used the brand name and logo in commerce, keeping records of sales, and being consistent in your use of these marks across various platforms.
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