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Q: How do I register a name that I am using on my website "www.ukesfortroops.com ( Answered,   0 Comments )
Question  
Subject: How do I register a name that I am using on my website "www.ukesfortroops.com
Category: Business and Money > Small Businesses
Asked by: acoyoli-ga
List Price: $55.00
Posted: 29 Aug 2005 13:42 PDT
Expires: 28 Sep 2005 13:42 PDT
Question ID: 561888
my friend an I began collecting moeny to send ukuleles to the troops
in Iraq under the name "ukes for troops". we bought the web site
www.ukesfortroops.com.
Now another group has begun to collect money for troops for ukuleles
too and is using the name Ukes for troops and we wnat them to stop
using it, but our name is not registered. What step do we need to take
so that we can register the name of our group and website?
Answer  
Subject: Re: How do I register a name that I am using on my website "www.ukesfortroops.com
Answered By: justaskscott-ga on 29 Aug 2005 18:40 PDT
 
Hello acoyoli,

At the outset, I should note the disclaimer at the bottom of this
page, which states that answers and comments provided on Google
Answers are general information, and are not intended to substitute
for informed professional legal advice.

Federal government agencies indicate that a servicemark, rather than a
copyright, can apply to a name for a service.  The United States
Patent and Trademark Office (USPTO) gives this summary of trademarks
and servicemarks:

"A trademark is a word, name, symbol or device which is used in trade
with goods to indicate the source of the goods and to distinguish them
from the goods of others.  A servicemark is the same as a trademark
except that it identifies and distinguishes the source of a service
rather than a product.  The terms 'trademark' and 'mark' are commonly
used to refer to both trademarks and servicemarks."

"What Are Patents, Trademarks, Servicemarks, and Copyrights?"
USPTO
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

"Copyright Basics: What is Not Protected by Copyright" (September 2000)
U.S. Copyright Office
http://www.copyright.gov/circs/circ1.html#wnp

The USPTO provides multiple documents concerning trademarks and servicemarks.

"Questions and Answers" [click on "Trademarks" in navigation bar]
USPTO
http://www.uspto.gov/main/faq/

"Basic Facts About Trademarks"
USPTO
http://www.uspto.gov/web/offices/tac/doc/basic/

"Trademark FAQ"
USPTO
http://www.uspto.gov/web/offices/tac/tmfaq.htm

For more information about service marks, see:

"Trademark Manual of Examination Procedures (TMEP) - 4th Edition --
Chapter 1300: Examination of Different Types of Marks" (April 29,
2005)
USPTO
http://www.uspto.gov/web/offices/tac/tmep/1300.htm

The USPTO also provides this guide to the trademark application process.

"Where Do I Start?"
USPTO
http://www.uspto.gov/web/trademarks/workflow/start.htm

"What Happens Next?"
USPTO
http://www.uspto.gov/web/trademarks/workflow/next.htm

It does not appear that "Ukes for Troops" has yet been registered as a
trademark or service mark.

"Trademark Electronic Search System(Tess)" [searched on New User Form
Search (Basic) for: uke]
USPTO
http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

Your web site suggests that you and your group are located in
California.  That state also has provisions for obtaining a service
mark.

"Trademarks and Service Marks" [including links to "Forms & Fees" and
"Frequently Asked Questions"]
California Business Portal
http://www.ss.ca.gov/business/ts/ts.htm

In the event that you are also interested in formalizing your group as
a business (though I suppose that is a different question from the one
you asked), you might look at this page.

"Starting a Business"
California Business Portal
http://www.ss.ca.gov/business/resources.htm

I believe that this information answers your question.  If you need
any clarification of the answer (keeping in mind, of course, that I
may not provide legal advice), please let me know.

- justaskscott


Search strategy --

Browsed USPTO, U.S. Copyright Office, and California Business Portal web sites.
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