Trademarking my business motto?

Discussion in 'Starting a Lawn Care Business' started by Lawnboy85, Feb 26, 2007.

  1. Lawnboy85

    Lawnboy85 LawnSite Member
    from South
    Messages: 62

    How would I go about trademarking or officially registering a motto I have in mind for my business? Any suggestions would be greatly appreciated.

    Lohse's Lawn Service
  2. Mow It All llc

    Mow It All llc LawnSite Member
    Messages: 115

    My wife looked into it for her florist was 1000's and had to be done thru a lawyer. there might be an easier way but thats what she came up with
  3. Mow2nd-2

    Mow2nd-2 LawnSite Member
    Messages: 178

    Why worry about it?
  4. Wheelz51

    Wheelz51 LawnSite Member
    Messages: 11

    Just use the little copyright symbol © and year and you are legally covered. Trademarking is a long and drawn out process. Yes, you will need a lawyer.
  5. Ed Ryder

    Ed Ryder LawnSite Senior Member
    Messages: 541

    To protect a trademark you've got to hunt for violators and go legal. If you don't rigorously defend your trademark, you lose it. So to pursue this path you need to have the monetary resources to hire a lawyer to do the initial groundwork, and then you need to be able to afford to have lawyers enforce your trademark rights, as I understand it. Although you can put a "TM" on things just to show your intention of trademarking.

    I got that info from legal seminars I attended years ago. I think it's correct?

    It's all too much trouble in my opinion.
  6. Runner

    Runner LawnSite Fanatic
    Messages: 13,497

    The same goes for copyrights. It is not just a matter of sticking a symbol by it. It has to be a registered copyright.
  7. Wheelz51

    Wheelz51 LawnSite Member
    Messages: 11

    From the Colorado University website:

    How Do I Include a Formal Copyright Symbol?

    Under current law, the formal copyright notice is no longer required to secure copyright protection. Nevertheless, use of the notice is still good practice for many practical reasons and for some possible legal benefits that may later arise. The Copyright Management Center recommends that you include the statutory and conventional copyright notice, consisting of three elements: the word "copyright" or the copyright symbol, the year, and the name of the copyright owner. A typical notice may appear as follows: "Copyright 2002, [your name]."

    You no doubt will often see "All Rights Reserved" added after the formal copyright notice on many works. It is a requirement that once had great importance for securing rights in some foreign countries pursuant to the Buenos Aires Convention of 1914. Most of those countries since have signed the Berne Convention, which provides for mutual copyright protection of works from many foreign countries, regardless of any copyright notice whatsoever on the work. Thus, the phrase "All Rights Reserved" may grant additional protection in only a few countries. If you are concerned, feel free to add it on your work.

    How Do I Register My Copyrights?

    As with the formal copyright notice, copyright registration is also no longer required under current law. But it also provides some important practical and legal benefits. In particular, if you anticipate the need to rigorously enforce protection of the work, or if you plan to publish it, you should register your work with the U.S. Copyright Office. Check out the Copyright Registration page at the U.S. Copyright Office for helpful insights and instructions.
  8. justanotherlawnguy

    justanotherlawnguy LawnSite Bronze Member
    Messages: 1,282

    Exactly my thought when I read this. It is a lawn biz. When you get to be on a national level and are THE major player in the industry then trademark your slogan.

    Ask yourself: How many LCO's have I seen with a trademark?
  9. Lawnboy85

    Lawnboy85 LawnSite Member
    from South
    Messages: 62

    Don't worry about it? So when I have my INGENIOUS slogan printed on my enclosed trailer, t-shirts, and business cards, I don't want to have to worry about someone else stealing my brilliant idea and claiming it as their own. Why take the risk? My question was basically, 'what's the process and is it necessary?' If it's too much trouble and costly, then I won't share it with the rest of the world. I still appreciate your input though. Good luck to you this year. Maybe your suggestion of 'when your business is on a national level...' will come true someday, all because of my clever business motto.

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