Should I get a patent for my website's name?

Discussion in 'Website Development & Design' started by CustomizedMacs.c, Mar 16, 2013.

  1. CustomizedMacs.c

    CustomizedMacs.c
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    The phrase of my website is being used sometimes by others. Should I get a trade mark for it?

    If you say I should get it, how can I profit from a trade mark?
     
  2. CustomizedMacs.c

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    I also have a book coming out with a catchy phrase in the title. Should I get a patent for it too?
     
  3. Jay.

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    I'm not going to be pretend I know a lot about this kind of thing, but I'm sure you can't get a website name patented? You would simply have to buy the other tlds for your name yourself.
     
  4. CustomizedMacs.c

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    Not the actual website name, XXXXXXXX.com, but, e.g., Business Advice Forum. Should I get it patented to make money off of it when people use it? Do you think I could license it out or maybe I can just profit from people using the phrase in their business? Would it be worth it? Please, someone should have an idea on it.
     
  5. Jay.

    Jay.
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    Without knowing the phrase it's a little difficult for me to comment, but I really don't see how you could make money from that. I doubt you can license out a phrase anyway...

    Let us know how you get on with this though as I'd be interested to know how it works.
     
  6. Joseph.Shivell

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    For what you are looking for, you would probably want a copyright, not a patent, or, as you suggested, a trademark. In order to do that, however, you would have to prove that you are the original user of the phrase and have been using the phrase for quite some time to identify your website, so that it is exclusively identified by the general public with your website. As far as the book title, is the phrase part of the title, or is it the actual title of the book? If it is only part of the title, I believe the entire title would be covered by a copyright, not just portions of it. To use the title of this forum as an example, as you did, You could have a book titled, "Business Advice From Business Leaders", and the entire title would be covered by a copyright, so no one could write a book with the same title. However, you would not have a copyright on the phrase "Business Advice".
    I am not an attorney, so my explanation may have errors in it, or others may be able to provide more detailed information. However, I believe the basic idea as I expressed it is correct.
     
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  7. Picture

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    Patents are for inventions. As Joe said it is a trademark you will need, but I'm doubtful you have a name which could be trademarked.
     
  8. TimeRider

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    CustomizedMacs.c: What is your website related to? Could you tell more about that?
     
  9. CustomizedMacs.c

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    It is a site to download torrents for NFL games.
     
  10. RaySaj2

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    in the online world unless your domain is your brand name directly and distinguishes it quite directly it is hard to get a patent, plus in the online world it is hard to own an identity....unless it is a physical product..
     
  11. santhoshcbe44

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    Patents, copyrights and trademarks come from completely different laws. Each will ensure different things. Trademark can be a name, phrase, word, design, or combination of these which distinguishes goods / services. Because I have no idea what business you're in, there is no possible way to determine who, if anyone, would infringe your trademark, were you to have one.

    Just visit the website at http://onlinecompanyregistration.in/ to get clear cut information. A company name Solubilis providing trademark registration in india
     
  12. surge

    surge
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    I don't think you can patent a name, you can only patent a product but you can definitely register a trademark. If you want to make it a brand then registering a trademark will be useful because then nobody else will be able to use your trademark. Attorneys can help you in registering trademark or there are even specialized firms that helps in trademark registration, it will cost you a fee depending on which country you are registering it from. Also registering a trademark will not help you earn any money, that totally depends on how good your brand/business/product is and how much it is earning you.
     
  13. SidRhyes

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    You can make your name registered to yourself as if you want to make it reserved for you only, this will enhance the brand value of your site.
     
  14. Ronei Daselva

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    You should patent it if you have a great site making business for you.
     
  15. thealchemist

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    A trademark is what you're looking for, and yes you should definitely get one.
     
  16. Julie

    Julie
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    You should registered your website for trademark as when your site will established and business grow then you will only enjoy profit and no other person will take juice from it. This will create awareness among your customers and help them to remember it as brand.
     
  17. ProfitClinic

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    Some points to remember:

    1. You cannot patent an idea, a name or a title. You can only patent an implementation.

    2. The patent will apply only to the country in which it is registered, and only for a statutory period of time (typically 15 years).

    3. You cannot patent "prior art". If it is already in common use, you'll have serious difficulty. (You say others are already using it — you're unlikely to succeed.)

    4. You can apply for a trade mark or service mark, but again, it will only apply in the country for which it is granted and you'll struggle to trademark something that is already in the public arena.

    5. Copyright only applies to an original implementation, not to an idea. If you have a published version in existence, you automatically have copyright if you can prove that your version was the first published. You do not need to register it, although registration can help with proving your claim. Practical implementations include works like an article, a book, music, plans, designs, images, recordings, etc.

    6. You cannot copyright a phrase, a name, a title, a masthead (newspapers, magazines, etc).

    The only country where trademarks and patents are handed out without adequate controls seems to be the USA. The US Patents Office hands out patents and trademarks that would be ridiculed in most other countries. An example of this is Amazon's patent for the affiliate marketing process. They've never tried to enforce it, and it's doubtful that it would stand up in a court of law, because "prior art" for the implementation of affiliate marketing existed in the public arena long before Amazon applied for it.
     
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