Welcome to the Tiki Central 2.0 Beta. Read the announcement
Celebrating classic and modern Polynesian Pop

Tiki Central / General Tiki / what is a tiki queen???

Post #52660 by Traderpup on Thu, Sep 25, 2003 2:21 PM

You are viewing a single post. Click here to view the post in context.

Trademarks are generally the brand name, logo, or symbol given to uniquely identify a consumable good. You can't just start up a list of words or phrases, label them as 'trademarked', and instantly own the rights. Words or other symbols have legal protection as soon as consumers see them as representing unique commercial sources.

Registering these tiki names as internet domains gives them the right market that domain name, but it doesn't necessarily create a trademark. For example, if a hot dog stand recently opened under the name "Trader Pup", that would effectively become their trademark. Even though I own the domain name Traderpup.com, I couldn't do much to stop them from using it, unless my website represented my business. And then it gets tricky, as different businesses can have the same trademarked name, if they are in very unrelated industries. Consumer recognition also plays a role in that, as there could be both a Trader Pup hotdog stand, as well as a Trader Pup pet grooming service, without trademark conflict. But I wouldn't be able to open the Coca Cola Pet Grooming Service, as Coca Cola is a highly recognized trademark. This is the part where lawyers get really important.

Registering your trademark gives you legal advantages, basically giving your trademark seniority over non-registered trademarks. It can be done on a state or federal level. But with registration fees upwards of $1000, and that is not including any legal fees you may incur, few small business bother with registering. Anyone can use 'TM' after their business name or logo, but only registered trademarks can use the 'R' in a circle.

Unless this media group has registered these "tiki" names, they are still pretty much up for grabs by other businesses.

Ok, I know, blah blah blah, but I just wanted to let you folks know your Tiki identities are pretty much on the safe side!

:tiki: