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Originally Posted by iamfreeru2
Names are trademarked all the time. McDonalds is a trademarked name for instance. Why can't one trademark their name? I have seen many common law copyright their ALL CAPS NAME (STRAWMAN), including myself, only to find it was worthless to do so. It makes much more sense to trademark it like many movie stars, corporations, etc., do. I have done a common law trademark on my strawman and must disagree with you on this one Jerseee.
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Iamfree,
This is from Black's 2nd:
Trademark: n. 1. A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. The main purpose of a trademark is to guarantee a product's genuineness. In effect, the trademark is the commercial substitute for one's signature.
Tradename: 1. A name, style, or symbol used to distinguish a company, partnership, or business (as opposed to a product or service); the name under which a business operates.
Now it is not worthless to do so when used in and along with a contract. I used it to deal with so-called creditors and I don't hear from anyone again. It should be used in its private capacity when someone is trying to profit off the use of your property. JERSEEE is my tradename. In script, Jerseee is my trademark. This is why I have a DBA (a.k.a. business license, Doing Business As). I file it in the public for just such matters. the Tradename/Trademark Notice is the contract itself---my DBA backs up my position as a business entity.
Therefore, if I decide to sue---I have standing. They are using my property commerically to make a profit and not renumerate me in any way. Further, they are damaging my business name through malicious means and have breached the contract.
This is why, I put the postal number in the header and footer of the Tradename/Trademark notice as a contract number. So when I send the notice registered or certified mail, they have to sign and receipt for it and I get notified. Thus, they have accepted the contract and are on notice.
thoughts....