trademark a company's name? (two questions)

[yoyoyoyoyo]

a) is it necessary to trademark one's company name?

b) is it legally possible to trademark a common word, but spelt a different way?


Example...

instead of Candy you would use "C@ndy"
instead of List you would use "L1$T"
instead of Money you would use "Mvney"

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Thank you.

[vangogh]

a) A good idea? Yes. Necessary? No. Very few things are necessary. It is a good idea though to make sure no one else can use your company name or even worse prevent you from using it.

b) I'm not really sure. I assume it would be fine as long as it meets the other requirements of trademark. I don't believe you can trademark a random word or phrase, but I would think you trademark those misspellings as part of your company name or as a product name.

[nealrm]

I don't think there is anything stopping you from trademarking a word that is not currently trademarked or widely used for in your area of business. For example I don't think you could trademark the word "Candy" for a candy store, but you maybe able to trademark that word for an electronic store.

Note: a trademark does not necessary stop others from using a word or phrase, it just stops them from using it in a manner that could be confused with your business. For example the word ford. Obviously trademarked by a large automotive producer. But it also a common everyday word and used by several businesses not associated with the manufacture.

[Business Attorney]

a) is it necessary to trademark one's company name?

b) is it legally possible to trademark a common word, but spelt a different way?

a) As vangogh said, it is never necessary to register a trademark but it is often a very good thing to do. However, although a portion of a company's name is often incorporated into the company's trademark, there is usually a difference between a company name and a trademark. A trademark must be used to identify goods or services (and you have to file a specimen of the mark used in the correct manner in order to get your trademark registered). A company name may or may not be used in a manner that satisfies that requirement.

b) It is certainly possible for a common word to be used as a trademark but not where the word describes the product or service (e.g., Apple for computers, vacations, rental cars and chewing tobacco, but not for apples) . A word that is spelled funny is still treated as the word. On the other hand, you CAN get a design mark based on a descriptive word, but your mark would just be the design itself. You would have to disclaim any rights to the word itself.

Once you get into a gray area, you would be well advised to consult with an attorney familiar with trademark law and practice.

[yoyoyoyoyo]

Once you get into a gray area, you would be well advised to consult with an attorney familiar with trademark law and practice.

Yep, I think that may be what has to be done. A gray-area for sure here.