Trademark on calls

[DoubleTom]

Found this site doing some searching and just wanted to say hello to all. I been wanting to start making calls just to full around with. I see there is alot of custom call makers on the site and they all have some nice looking calls. I was wondering after looking at most calls that they have no trademark sign on them? Do you not at least trademark the name you use? This is all new to me and was just curious

[handcannon]

Welcome to OG, DoubleTom. I myself have never even thought about doing a TM before. Not real sure of anyone on here that actually has but I'm sure there may be a few. Usually most of us have tried to come up with something unique but from time to time things do get a little bit mixed up. Maybe not the name of the callmakers business but the series of calls. I know LightsOut had a little issue a while back with his "HoneyPot" name. Well, the other guys calls I dont think would compare to Wendells but they got things worked out I think.

If you have the desire to make calls, you should give it a try. Tinker with it and see what you can come up with. Look for some people to give you honest input and go from there. Never know where you might be in a few years.

[TRKYHTR]

I had an incident last year when another call maker sent me an email saying he had the name "Tominator" Patened. He wanted me to change the name of my mouth call, which I had been making for 5 years. So I changed the name without causing a stink. Maybe I should get a trademark on my new name. Anybody know how to do it?

TRKYHTR

[stone road turkey calls]

try this http://www.uspto.gov/

[DoubleTom]

Thanks for the reply's, interesting stuff.

[Turkey Trot]

I had an incident last year when another call maker sent me an email saying he had the name "Tominator" Patened. He wanted me to change the name of my mouth call, which I had been making for 5 years. So I changed the name without causing a stink. Maybe I should get a trademark on my new name. Anybody know how to do it?

TRKYHTR

You definitely should have told him he was in error to assert that he had a "patent" on the name.  One cannot patent a name, nor can one copyright a name.  One can claim trademark protection in a name that is a source of good and services.

To register it, loo at the info in the USPTO link above.  The online registration process has gotten a lot better with time.  You specifically need to look at the specimen requirements, which are evidence of usage in interstate commerce.  You need to scan them into a computer in the specified format, TIFF, JPEG, etc.  If you are doing a logo, scan it as well.  If you have already used it, you don't want to do an Intent To Use registration, I've seen people do that and it is a waste of money. 

You also need to study the codes and determine in which category your mark belongs.

The fees are obscene.  If they come back to you after examination, you make have to make additional filings and pay them $100 a pop. 

This registration for Blackwater will demonstrate several things, including logo and codes.

http://tess2.uspto.gov/bin/gate.exe?f=doc&state=4010:vo4pfd.2.27

Slightly different, standard character mark, very basic and straight ahead.

http://tess2.uspto.gov/bin/gate.exe?f=doc&state=4010:vo4pfd.2.25   

[Turkey Trot]

There are trademarks, servicemarks, even soundmarks (look up Harley dispute with other bike makers), as well as trade dress that all fall under trademark law.  Trademarks protection can be common law or statutory.  The Lanham Act is the federal statute primarily addressing the issue, and the good thing about it, as compared to the Copyright Act, is that unregistered marks have the same exact protection and remedies as registered marks.  One can sue another for infringement, dilution, or disparagement of a mark.

Even if one registers a TM, it may not be an absolute protection because the law protects prior, existing rights of usage in the geographical area in which another used the mark.  One with a registered mark can sell there, but cannot stop the prior common law mark from using the mark in the territory.  Thus, if someone comes along and tries to bully a seller and contends that he has a registered mark, there is a legitimate question of priority of use.  The holder of the registered mark cannot necessarily stop one from using the same name.

If you are seeking protection of a name that is used a lot in various industries, like Terminator, Dominator, etc., you can probably get it to go through TM examination best by making it more fanciful with stylized letters, colors, and symbols (like an angry turkey head).  You can see the difference by comparing the Blackwater registration to the other in the post above.