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Trademarking your Pole Studio Name
This question goes out to the Pole Studio Owners out there. The question is, have you Trademarked your studio name? I recently found out simply buying an LLC or Inc of a name does not protect you from people copying your name within the US. Only through http://www.uspto.gov can you register your trademark, which apparently is a somewhat expensive, lengthy and complicated process. But if you don't do this, there is little or no protection against others copying it, even within your own state.
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6 Replies
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When I formed my LLC, I believe it said something in the state of Indiana to the effect of no one else being able to have the same company name as me? You have to search the state's database and select a name of originality before you're allowed to proceed with obtaining your Articles of Organization. This prevents people from using your company name within the same state. I've looked into trademarking but at this point I'm on the fence about it for various reasons. I know studio owners who have trademarked so I'm curious to see the responses you get regarding those who have opted to trademark.
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I did do a federal trademark on my pole studio name. Honestly it is for future protection. If you have ANY possible plans on expansion you should trademark your name. Now when I first opened my studio I just did an LLC. But about a year later I decided to trademark. I just didn't want anyone else using my company name in other states to prevent confusion. So really it is for future protection. You never know where your business might go so you do not want to have to "back peddle" so to speak if you want to take your business to another level. Its kind of like auto insurance..you may never file a claim but when something does happen you are so glad you have it…LOL
But if you plan to just teach in a small town and you know for sure that you will never want anything bigger than its probably not worth the money. In the end you should talk to a business lawyer and they can give you all the pros and cons.
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oh and yes…there were 2 studios using my studio name in other states, my lawyers did send them a cease and desist. b/c i had the federal trademark it was a shut and close case. their lawyers advised them to change their name immediately b/c they did not have a leg to stand on and i can sue them for money b/c of unauthorized use of a trademark name.
i always advise new business owners to do a name search not only on the local level but also on the federal level BEFORE choosing your final name. you don't want one of the big dogs coming after you. and they won't care b/c "you didn't know". when someone has a federal trademark on something they are entitled to a share of the profits if you are using it without permission.
just some food for thought 🙂
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Thank you ladies, I appreciate the advise. When I chose the name of my studio (which I want to refrain from saying it for the moment as it is not TM'ed yet) I did do the search on the internet high and low….but, another studio on the other side of the US just opened 3 days ago with the same name. I am now on the fence about what to do. I want to pursue a trademark before they do (if they haven't already), before they could try and make me change my name later potentially, or so it seems…even though I opened my business several months before them. BUT apparently if I can prove that I opened before them, which I can, I might not have to change it even if they end up getting the TM due to what is calle 'common law tm' or so a lawyer told me. While the idea of obtaining one ASAP, and eventually possible making them change their studio name does not sound super fun, I also do not want the public to think it is another branch of my studio. Oh what to do? :/
Annglern, just curious…when you got your TM did you file it yourself or did you hire a private attorney? While I am tightly budgeted at the moment, doing it myself makes more sense financially (still $325), but I have heard that it can be a complicated and long process, and several sources online seem to recommend that a professional do it…which would cost significantly more.
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I had a lawyer do it. I did do my own research as well on the federal site initially….
http://www.uspto.gov/trademarks/process/search/ (make sure when you search to change the "field" option to "all". that way it searches for by owner name, business name, serial number..etc….)
But I was advised to get a business lawyer to do a complete search b/c sometimes there are loopholes…like there might be a space in the name or certain punctuation that you don't know about and it will show up as no one having the name. For example if you type in "sfactor" it will show that nobody has that name.
But if you type "s factor" with the space, it will show up as having a trademark. So little stuff like that can be missed which is why a lawyer is needed. I actually had a student who was a business lawyer and I bartered for her services. So I gave her free classes for about 2 months and I paid a smaller fee to get it done.
Hmmm…I know you are in bind but if at all possible come up with another name. Once you do put "TM" after it which means you are in the process of filing a trademark. Once you get the final paperwork you can then put the "r" after it (the r with the circle around it) which means it is officially trademarked with usptov. If people see the "TM" that will at least make them think twice before using the same name. But please consult with a lawyer as I am not one but have had my studio for 8 years. Yes you might have used the name in commerce first but you still have to go to court or some type of litigation to prove all these things…which means EXPENSIVE ( it costs about $2000 for an attorney retainer just for them to initially send out the cease and desist letter..then you have to do the back and forth which can eat away at your retainer).
A lesson you will need to learn now is to be ORIGINAL. To keep your business fresh and stay ahead of your competitors you will always need to be original in everything that you do…it will be part of your journey as a business owner. It is so frustrating how many people in the pole industry just copy other people's hard work instead of just putting a little thought behind things and coming up with their own 🙁 it is super frustrating but its just part of being in business and you have to deal with it.
So get your Donald Trump D*ck out and get ready to play…LOL (we always joke around about this at the studio)
Good Luck!
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http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4810:8t56xa.1.1
link was not working properly from above
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