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When should you get a trademark?



 
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Old April 28th, 2009 Apr 28, 2009 10:53:22 PM -   #1 (permalink)
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Default When should you get a trademark?

I was wondering when you should get a trademark during the course of developing your business? I'm always worried that I'll go through with everything, then someone will file a trademark before me then steal everything. Is that possible?
 
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Old April 29th, 2009 Apr 29, 2009 1:07:52 AM -   #2 (permalink)
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Default Re: When should you get a trademark?

It's technically possible, but it's not how it works. The first person with an established business under that name (mark used in trade) has the right to the trademark. If you were first and can't prove it though, you might lose it. Registration is de facto proof.

Still, doing it too early is a waste of money and more difficult (since you need to prove you've used the name in trade).
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