19) Frustration II: The legal issue

Lots of work and lots of complain, to myself unfortunately...

I can't complain and I shouldn't but I feel like speeding the world to level 3, 4, 5...

One of the main problems with the name-logo-trademark, is the registration process that we all must go through:

1) Your logo-name can be rejected by the local patent and trademark authorities (it takes about 3 months it depends on the country)
- Then you must appeal (it is usually a one month period to do it), therefore a lawyer should be ready = more money

2) Your logo-name is accepted by the local patent and trademark authorities (it takes about 3 months it depends on the country)
-Then it comes the 2-4 months period of time for "oppositions", all possible companies that might feel any threat to their patents/trademarks/logos are free to "oppose". Then you need a lawyer to defend your proposal of trademark/patent = you need money to pay the lawyer and the whole case.

If you don't have the money, then be ready to either have a very good business plan with as many as possible different types of options (plan A, plan B, plan C, plan D, etc.). I advice you to read as much as possible about trademark/patent laws, cases, do as much research as possible in all databases, since you will need all that information for your own case.

If you happens to invent a new name it might be "easier" to have it registered, however, think that there can always be risks, plus new invented names can be tricky for customers to keep in mind.

In my case, my chosen name is a "bit" tricky. I could either have problems or not.

Why don't I change the name for another one with less probabilities of having problems? Simple, I like it and despite the risks I think it is not only good but it suits my product and my business idea. It is not just the name, but a life commitment a marriage and my future possible income for the next 10 years or even more and there isn't any name-trademark-logo 100% risk free.

Logos, advertising campaigns, colors, etc. you can change all of it, even the name if you want, but the importance of the name lies in the building Brand process, in your customers' mind (semiotics), and well, despite the fact it is possible to change the name, it will definitely be the hardest part to change of a whole company, but who knows, maybe in the future (probably) I will face more difficult decisions. Until today 28th of March of 2010, the trademark = headache for me.

If everything goes smooth, I have a 3 months period (the authorities analysing period) before the opposition period to sell my products and ensure an income, not only to cover all the first and main expenses of my business, but to assure I can pay the lawyers who will represent my firm against anyone who will "oppose" and for the time being of the case (it could be years, one of the cases I read last for almost 4 years).

Is 3 months enough to sell my goods? It should be more than enough, but time flies and not everybody works at the same speed so 3 months can fly as 3 weeks if everything is not really according to my plan.

How to know exactly when to take the risk?

:|