Is Trademarking Your SL Brand Worth it to You?

There's been a lot of discussion here and there about trademarks in SL. It seems like most are very conscious of non-SL business trademarks popping up in SL and being used without permission to promote some SL shop or product that was created to mimic a real brand. (For example Coke, Adidas, Nike, Rolex, etc.)

If you have a business in SL and you have been at it for at least a year and are making income, establishing your brand, and making a name for your business in SL... have you ever had any issues with someone else using your business name as theirs? This may happen by accident or the person may be using it knowing that they are doing it in efforts to detour business in their direction.

Either way, you could very well be missing on sales and your brand could be weakening as others take advantage of your lack of claim over your brand name or store name. Try searching your shop name, and your name in SL and see what pops up. You may be surprised, then again you may not lol.

However, I'd like to know how important you think it is to seek trademark registration for YOUR SL business. A U.S. Trademark Application costs $325.00 to file online and $375.00 to file via paper. As SL grows, more and more start-ups pop up, some of which just want to "make money". They buy business in a box packages and they look for something that seems to be working - which could be your business name, your layout, your building structure, your textures. Is it important enough to you to pony up the cash and seek to protect your business name/brand?

If not, then why don't you think it's important?
Is it because SL is just a "game" to you?
Is it because it costs more than it's worth?
Is it because your brand name is not as strong as some may be so you feel it is a waste of time?
Is it because you feel others will use it anyway?
Is your brand name not unique enough?
Is it because you don't think it will be enforced?
Some other reason?

(Do you feel a poll coming on? )

What are your thoughts?

Thanks,
~Maddy

I would think you'd have to file for an international trademark though, only registering your trademark nationally wouldn't make much sense if you're targetting an international customer base.

Linden Lab is located in the U.S. Therefore using a trademark that is "LIVE" in the U.S. Trademark database that does not belong to you would probably apply to U.S. law.

If anything I would think that non U.S. residents would seek a U.S. trademark. However let's not turn this into a legal debate. The questions are not regarding international law.

Edit to add: Good point though

I'm in the process of trademarking GLOWBOX DESIGNS. I think in the coming years, I will have saturated the market enough (in Second Life) to warrant a little security. Also, it's nice to 'seal the deal' in a sense--I treat my design firm like a business in Second Life, why not cross over the IP to a legitimate legal stronghold.

Second Life is expanding quite rapidly, and whether people label it as a 'game' or not, there is no denying the amount of eyes that pass any given product or company logo--especially those that are gaining notoriety.

There are enough 'artists' in Second Life, a few of them may be willing to steal a companies 'IP' here in Second Life, and bring it to RL for their own benefit...why not thwart that.

/me is not interested in mixing RL with SL..

If I want to chase somebody for violation of a trademark violation, don't I have to call RL laywers & such?

Oh and sorry, I checked the USPTO website and the application IS for international filing:

6001 2.6(a)(1)(i) Application for registration, per international class (paper filing) 375.00

7001 2.6(a)(1)(ii) Application for registration, per international class (electronic filing, TEAS application) 325.00

I am not an attorney, but I would hope that would suffice.
As a matter of fact, I think I will call over to the USPTO Office and just ask.

BRB

all have DBA's and u bet I'd bloody in force such. One works hard for a name, spending many many $, years or life times for such. It is simple evil deception for another to take any name and use it after it has been well established by the hard earned creative works of another.
jmho
Many Blessings!!
&
Merry Merry Christmas

Voted 3 thru 7. For better or worse, I used my avatar's last name for my business (Antonelli's). Fortunately there aren't a huge number of people who do what I do and I'm developing (I think) a discernable style, so if Random Q. Antonelli wants to start some business with the same name it's unlikely to make much difference.

Me neither , but I do recall that at least for websites (the closest analogy to SL I can think of), it was needed for international customers, because where they are based is what seems to matter.

Just thought that I'd point out the bit about national vs international so someone could verify/refute since if you're going to spend money registering a trademark you might as well make sure it's valid for an online business .

I called the Trademark Assistance Center.
I was told that after you file for your Trademark with the USPTO you then file a Madrid Protocol. That then covers you for all other countries listed under the Geneva Convention.

~Maddy

If someone were to use my store's name, even if it were trademarked, I really wouldn't want to go through all the hassle and legal hoops to go after them. Besides, all my loyal customers would probably smear their name and reputation into oblivion.

(Deleted my earlier post and just put it in this one so the thread wouldn't get all cluttered up )

Me neither , but I do recall that at least for websites (the closest analogy to SL I can think of), it was needed for international customers, because where they are based is what seems to matter.

Just thought that I'd point out the bit about national vs international so someone could verify/refute since if you're going to spend money registering a trademark you might as well make sure it's valid for an online business .

Thank you for the update .

Exactly that.....some unimaginative Hobo selling solely BIAB's has decided to use my main company name in his land parcel description and is now listed ahead of me in old ALL search and most likely also in New Search as well. Nothing much i can do about his business ethics.....filed an AR with LL which most likely will never be actioned.
I just have to wait it out to be honest.....until his BIAB business collapses when he can no longer generate enough income to pay the Tiers or Rent. It will happen!

I just wonder what is the life cycle of these BIAB'......it seems like a revolving door....as one disapppears another one appears to fill that spot!

Wholey Macarolly!!

It would cost $13,434.52 to file in all the countries listed for just one class!



/me checks her bank account

...

All countries listed:
Albania AL
Antigua and Barbuda AG
Armenia AM
Australia AU
Austria AT
Azerbaijan AZ
Bahrain BH
Belarus BY
Benelux BX
Bhutan BT
Botswana BW
Bulgaria BG
China CN
Croatia HR
Cuba CU
Cyprus CY
Czech Republic CZ
Denmark DK
Estonia EE
Finland FI
France FR
Georgia GE
Germany DE
Greece GR
Hungary HU
Iceland IS
Iran IR
Ireland IE
Italy IT
Japan JP
Kenya KE
Korea, Democratic People's Republic of KP
Korea, Republic of KR
Kyrgyzstan KG
Latvia LV
Lesotho LS
Liechtenstein LI
Lithuania LT
Macedonia, The Former Yugoslav Republic of MK
Moldova, Republic of MD
Monaco MC
Mongolia MN
Montenegro ME
Morocco MA
Mozambique MZ
Namibia NA
Netherlands Antilles AN
Norway NO
Oman OM
Poland PL
Portugal PT
Romania RO
Russian Federation RU
San Marino SM
Serbia RS
Sierra Leone SL
Singapore SG
Slovakia SK
Slovenia SI
Spain ES
Swaziland SZ
Sweden SE
Switzerland CH
Syrian Arab Republic SY
Turkey TR
Turkmenistan TM
Ukraine UA
United Kingdom GB
Uzbekistan UZ
Vietnam VN
Zambia ZM

Thanks Kitty for bringing it up!

(God Bless the the U.S.A. )

Hmmh. doesn't include Brasil...and i'm sorry to say are one of the worst offenders when it comes to business ethics.

what is glowbox designs?

OMG YIKES

His Business name? Try PM.

Regarding Brazil:

MERCOSUR

The scope and principles of protection of trademarks, indications of source and denominations of origin within this union are concluded in the Protocol of Harmonization of Rules Regarding Intellectual Property within MERCOSUR, created by the Asuncion Treaty in 1991. Areas covered by this Agreement include trademarks, indications of source and denominations of origin. The four member states of MERCOSUR are Argentina, Brazil, Uruguay and Paraguay.

More information on MERCOSUR can be found on the MERCOSUR website.


http://www.inta.org/index.php?option=com_content&task=view&id=194&Itemid=59&getcontent=1

(Information OVERLOAD eh?)

mmhmm Triple Yikes

Another problem is that doing this puts you into the world of _dodging_ real trademarks.

According to the USPTO online search, for example, "N30" is also already trademarked, by a medical research lab.

"Glowbox"? Trademarked in 2003 by Glowbox LLC, Arizona.

Even some of the older ones suffer from this. "Preen"? Trademarked in 2007 by two UK residents selling imitation leather goods. "Xcite"? Trademarked in 2006 by XCite Brands, Ltd, as a brand of soft drink.

How about some near misses? Remember, you have to avoid any potential "confusion" with registered trademarks... so "MystiTool" isn't trademarked, but "Mysti" is (by Imagination Holdings, UK). "Sensations" isn't, but "Sensation" is (Nanomix Corporation, California).

That's true, but with some of your examples, there is little to no chance of confusion. There is a big difference between a soft drink and a virtual wee-wee. (at least I hope there is.) And it could probably be argued that more people know XCITE in SL than this XCITE in RL. lol

Don't you have to be selling the exact same (or similar) to clash though?

FakeMark (US registered trademark) can sell clothes in the US
FakeMark (Dutch registered trademark) can sell clothes in Holland
FakeMark (US registered trademark) can sell food in the US

From how I understand things, none of those would be infringing upon one another since they're either selling very different things, or their customers live in different countries.

If FakeMark US opened a website where Dutch people could buy clothes as well they would be infringing on FakeMark Holland's trademark though, which is where registering an international trademark comes in I think which covers you in all countries that signed the Madrid protocol.

Although I don't think LL really cares about the difference, they'd just take down anything.

Yes Never 30 was trademarked by me N30 Products are copyright.

Let's not get into the whole idea vs. expression thing