TIP: Click on subject to list as thread! ANSI
echo: aust_biz
to: Lindsay Mckeon
from: Rod Speed
date: 1996-04-28 12:35:56
subject: Copyright/Trademark

MJ> You have the automatic right to a trademark in the same way that you
MJ> have the automatic rigth to copyright. A registered trademark gives
MJ> you more control, but costs about $1,000 to set up and a yearly renewal.

LM> What if two people want the same trademark?

Basically the first one using it get it in that situation.
That has even resulted in a non registered one being found
to have the rights over a later registered one at times.

LM> Seems you'd have to establish precedence somehow.

Thats how, first in basically.

LM> Also, you must register a business name,
LM> unless you are just using your own name.

Well, while thats a legal requirement, thats a separate issue
to the question of ownership of a particular name. That itself
has on occasion been found to be in use by someone else unregistered
even if someone has registered the same name later too.

LM> Joe Bloggs' plumbing doesn't need registration, but U-Beaut
LM> Plumbing would (assuming the plumber's name was Bloggs).

Yes, but the practical reality is that you dont necessarily get hauled
off to the clink on an unregistered one which isnt a personal name.
@EOT:

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