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Old 09-14-2011, 01:30 PM   #1
GreenDragon
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I've got a great idea for a brewery name. It has that great local ring to it. I checked everyplace I could find and it's not currently in use.

Aside from trademarking it is there a way I can claim the name just in case I should decide to go pro?

I did register the URL already so that's mine for the next two years. I checked the local, state, and federal name lists for businesses and they all came back clear. I also searched the trademark site and it also shows the name is clear.


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Old 09-14-2011, 02:13 PM   #2
jeffd10
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Can't you mail yourself something with the brewery name as the sender or receiver (I thought that at least dates it ... )

or put a notice in the paper (like a dba)


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Old 09-14-2011, 02:18 PM   #3
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Pretty much as far as my experience, you'd do a fictitious name search, then file papers with state to incorporate your business. I don't think there's any other mechanism to "save" a business name.
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Old 09-14-2011, 05:25 PM   #4
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Can't you trademark it? legalzoom.com charges like 170 bucks to do the paperwork.
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Old 09-14-2011, 05:39 PM   #5
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Technically you could just buy up all the domain names, file your dba paperwork with the county/state and get a federal tax ID under your totally awesome name. While this will legally reserve your business's name, you'll have to go to court to defend it and spend $1000's on lawyers.

Trademarks are intended to reserve product names -- which is exactly what you want to do. It only costs a few hundred bucks to file yourself, and a few more if you have someone do the paperwork for you. If you feel so strongly about the name and feel your business will take off, I'd trademark it.

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Old 11-23-2013, 04:10 AM   #6
rompstar
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here is a good video on this topic and other things... you have to give-up 42 minutes of your life, but it is pretty good, I dranked some beer when I was watching it to subdue my excitement, lol

http://www.uspto.gov/trademarks/basics/

 
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Old 11-23-2013, 04:15 AM   #7
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Just trademark it. It takes a while (all of mine (6 total) took about 9 months) but if you want to own the name then really you have to do a trademark search at the state library and then file the paperwork. Its easy and cheep. The state will let you know if you can use it or not.

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Old 11-23-2013, 04:28 AM   #8
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Quote:
Originally Posted by jeffd10 View Post
Can't you mail yourself something with the brewery name as the sender or receiver (I thought that at least dates it ... )

or put a notice in the paper (like a dba)
That's an old myth. (See #15) It doesn't establish any ownership rights in regards to trademarks or copyrights.

Register the trademark at the federal level (USPTO), and at the state level. While you're at it, consider registering an LLC (limited liability company) in that name, so that you will be ready to go once you start operating your business.



 
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