Trademarking

Discussion in 'Server & Community Management' started by BrettPlayMC, Jun 29, 2016.

  1. A few days ago I saw a thread where the Owner of a server had Trademarked/Copyrighted the Server Name. I am sure a lot of server owners have done this as well but I am wondering how I can! :eek:
    Can someone guide me in the right direction? :)

    ...Or is this even possible..?
     
  2. I'm sure it's possible.
     
  3. JamesJ

    Supporter

    AFAIK, you can't do it unless your business is a registered company.

    Some things about registering trademark:
    - It costs money in most cases. In the UK, it costs about £70 I believe.
    - It takes time. In the UK it takes 3-4 months for the complete process.
    - Once you have a trademark, you must enforce it. If you fail to enforce your trademark, if you were to take someone to court over it you'd lose the case.
    - It's pointless unless you are worried about other people making money from your brand.

    I know @trkey trademarked "OPBlocks" and "PrimeMC" (source), and there are probably lots of other servers that have trademarked their server names.
    It's not completely worth it, in my opinion. If you're a big server, go ahead, otherwise, it's not worth it :3
     
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  4. My server is not big but I know Hypixel and I believe Mineplex has copyrighted their names... :p
     
  5. In the United States you have both state and federal level trademarks. State trademarks are typically much cheaper but only offer full protection in that state, whereas federal is more expensive but offers a bit more protection.

    The reality is that you probably don't need to file and register your server's name - just using it is enough to claim rights to a mark. Here's a bit more info on what benefits for registering there are: http://www.uspto.gov/trademarks/basics/register.jsp

    Unless you're a big server and risk others trying to impersonate or use your brand without your consent, you're probably fine without registering a trademark for your business name :)
     
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  6. :eek:
     
  7. I saw somewhere in a thread... :p
     
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  8. My question is if Hypixel never copyrighted or trademarked their business in the United States could people still make a brand called "The Hypixel Network" and make money from it?
     
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  9. Trademark's apply to specific situations.
    I.E you cannot just have a trademark on "Hypixel" it's more like I have the trademark of "Hypixel" for x categories.
     
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  10. Thank you for the clarification. A funny way to put this- If you have The Dallas Cowboy Football Team someone could potentially own a restaurant in Dallas named "The Dallas Cowboys".
     
  11. It's still infringement if you're using their brand without permission. Even though they might not have a trademark/servicemark in the restaurant category, you'd still be using their name in an intentionally deceptive way.
     
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  12. Keep in mind that a trademark != a copyright. They both offer two different types of protection.
     
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