Re: New card
[Re: warrior]
#4486223
05/22/14 02:40 PM
05/22/14 02:40 PM
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Joined: Oct 2009
Posts: 83 Virginia
Jaxjaguarss
trapper
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trapper
Joined: Oct 2009
Posts: 83
Virginia
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Not sure if I like the logo either. Are you a prospector or trapper? Maybe it works in your locale. While the skunk is rather unique it took me a moment to deduce what it was. And just how do skunks and prospecting fit together? David: There both gold mines! --Eddie
Last edited by Jaxjaguarss; 05/22/14 02:41 PM.
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Re: New card
[Re: Eric Arnold]
#4486319
05/22/14 04:13 PM
05/22/14 04:13 PM
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Joined: Jul 2012
Posts: 188 California
Throw Back
OP
trapper
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OP
trapper
Joined: Jul 2012
Posts: 188
California
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The proper term is federally registered service mark.
You can service mark a name and/or logo on the federal level (covering all US states and territories) or you can register a state service mark (which is good just in your state). For instance, Bats, Birds is a service mark of mine. Wildlife Solutions is a service mark of Christian Agnew. Critter Control is a service mark of Critter Control, Inc.
So what does all this mean. Basically, it means that I have the right to protect my business name Bats, Birds, & More, Inc. from any "like" names regardless of spelling. This means if someone tries to name a company that offers wildlife removal or control Bats, Birds, & Beyond, Birds, Bats and other animals, Birds, Bees, and Bats, or Batt & Byrd Wildlife Control, I can use legal means to stop them from using a name similar to mine. I also have protection on Internet meta tags along these lines, but not as much as the company name.
Again, I have legal right to protect a meta tag that uses Bats, Birds, etc. or a close replication of it but I do not have the legal right to protect "We remove bats and birds". When you register a federal service mark for a company name you must sign a release when using common or generic words that you do not own the right to sole usage. For example, if you named your company "Batzee" you can register that name to give you legal protection against anyone else using the word "Batzee", but to register "All County Bat Control" you'd have to sign the release stating you don't have exclusive right to the words "County", "Bat", or "Control" (most likely "All" would not be included as it is too common).
To take this a step farther, if you do a service mark for a logo or acronym, then you can protect items such as look, font usage, and colors. However, just because you have the service mark for a logo it does not give you legal right against someone using the name from the logo.
This is why NWCOA registered the federal service marks for the CWCP and NWCOA logo, CWCP and NWCOA acronym, and Certified Wildlife Control Professional and National Wildlife Control Operators Association to give them the most legal protection as possible but they had to agree that they did not have the exclusive rights to the words "National" "Wildlife" "Control" "Operators" or "Association" in the process. so what about all these companies using "wildlife control". I think pauls company is "advanced wildlife control". That means he, in theory is at threat of litigation?
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Re: New card
[Re: Throw Back]
#4486355
05/22/14 05:03 PM
05/22/14 05:03 PM
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Joined: Jul 2008
Posts: 1,361 mequon, wisconsin
Paul Winkelmann
trapper
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trapper
Joined: Jul 2008
Posts: 1,361
mequon, wisconsin
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You can argue all you want, but taking names like "Advanced", "Wildlife", and "Control", in front of a judge is a toss-up. ( And not in your favor either )
You have a much better chance protecting your own name in your own area than Critter Control does on a nationwide basis.
Eric may hope that he can protect his company name, but with names as common as birds, bats, bees, beds, baths, and beyond, it would be interesting.
Names that are a lot easier to protect on a nation-wide scale are the one-liners, ( often representing a name ) GE, Budweiser, RCA, Chevrolet, etc.
The best example of stealing your name is this one: Every heard of the Japanese city Usa. Well, you should, because they are a whole lot of products made in USA, Japan.
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Re: New card
[Re: Throw Back]
#4486882
05/22/14 11:28 PM
05/22/14 11:28 PM
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Joined: Jan 2013
Posts: 32 OH
Eric Arnold
trapper
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trapper
Joined: Jan 2013
Posts: 32
OH
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Paul,
The names have to be done in such a manner as to cause possible confusion with the public. So I would have a better case against someone using Bats, Byrds, & Beyond than I would against someone with the company name of Bats Be Gone. This is also why companies such as Critter Control and Wildlife Solutions have better success against names like Medina Kritter Kontrol or Atlanta Wildlife Solutions. As you can see, it is easier to confuse these names with the names that have been registered.
You can view my service mark for Bats, Birds on the federal registry. Again, this is like a trump card as it prevents other wildlife control company's from registering a "like" name as it is already taken. The process for enforcement starts with a letter asking the other company to change their name. If they don't, then it can escalate into a legal case against them and ask for damages.
What people need to realize is that as service mark does not stop another company from offering like services, it only gives you the legal right to prevent them from using a like name to either increase their revenue or cause your company harm.
Eric Arnold Publishing Editor W.C.T. Magazine Editor The Fur Taker Magazine
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Re: New card
[Re: Paul Winkelmann]
#4487556
05/23/14 02:31 PM
05/23/14 02:31 PM
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Joined: Jul 2012
Posts: 188 California
Throw Back
OP
trapper
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OP
trapper
Joined: Jul 2012
Posts: 188
California
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This post makes me wonder what the most copied ADC name is?
I know Advanced Wildlife Control has to be right up there.
Although I thought this was an original name when I took it, I wasn't even close.
Now I just pretend that we are a large company with offices everywhere. ( Including Canada ) you know the TM on advanced wildlife control is expired and up for grabs Paul.
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Re: New card
[Re: Throw Back]
#4503470
06/03/14 09:41 PM
06/03/14 09:41 PM
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Joined: Apr 2010
Posts: 30 St. Louis area
Dave Schmidt
trapper
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trapper
Joined: Apr 2010
Posts: 30
St. Louis area
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I agree: Big Critter will probably have you for lunch, especially if you're in/near one of their service areas.
ALL OUT Wildlife Control
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