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TV Show
Posted by Anonymous . updated on 2/26/2009
My Mom has a local cable tv show and we're wondering what we have to do to make sure noone else uses the name. I have already checked the trademark database and it is free, however I'm not sure if a trademark is what I would need to file. Thanks in advance for any suggestions.
I also have a jewelry business which I want to somehow register and I'm not sure how to go about that either. I don't believe I need to trademark it, but I'm not sure. The secretary of states office said to just make the current DBA a Corporation and it'd be all set. Any suggestions on this? 
Answers (3)
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Hrusha
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It sounds like you have to file a trademark for services in connection with creating and distribution of tv shows.
Tm for jewelry business as well.
You do not have to file for Federal tm registration but it is desirable so you can prohibit the others (in different states) from use of your trademar and it will be easier to deal with infringers in the future, if your business will happen to grow and be sucessful.
If you design jewlery yourself, I would make a photoalbum and then file all album in Copyright office it does not cost much.
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DJoshEsq
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If your mark is not generic, you should consider filing a trademark application.
Consult an intellectual property attorney for assistance in filing the applications.
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Kaitlin
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Quote The secretary of states office said to just make the current DBA a Corporation and it'd be all set. Any suggestions on this?
The secretary of state is talking about your business name only. When you use your business name in a way that describes what you're selling as coming from you, then the name is being used as a trademark. ("Beautiful Bangles, Inc." would be your business name, but "Beautiful Bangles jewelry" would be using the name as a trademark.)
You aquire rights in your name as a trademark simply by using it. You strengthen those rights by getting federal registration for the trademark. Depending on the kind of name you are using, that name may be unable to stand as a trademark (e.g. if you use a name that's the generic name for what you're selling) or be hard to protect as a trademark (if it describes what you're selling). Business names can exist along side other similar business names, so long as they are different.
Trademark law, by contrast, looks to whether there will be a likelihood of confusion in the relevant market, so there is both a wider area of possible conflict with other people's rights here (with regard to the sort of name) and a narrower one (with regard to market).
Trademark counsel can help you sort this all out but it would be helpful to do some background reading first. The USPTO has some basic info on trademarks at their website.
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