prawo autorskie - copyright

jworlledgeThreads: 6 Posts: 14 Joined: Sep 14, 09 ♂	Feb 3, 10, 20:52 #1
I would like some information about copyrighting a business name, as I plan on the possibility of franchising in the future. Anyone come across this before, know how to search and check names, how to go through the process? Thanks in advance!

z_dariusThreads: 22 Posts: 5,091 Joined: Oct 18, 07 ♂	Feb 3, 10, 21:12 #2
jworlledge: I would like some information about copyrighting a business name, as I plan on the possibility of franchising in the future. You might want to look into Trademark law instead. Copyrights eventually expire, while trademarks may be held perpetually.

TheOtherThreads: 4 Posts: 1,438 Joined: Jul 13, 09 ♂	Feb 3, 10, 21:24 #3
z_darius: You might want to look into Trademark law instead. A trademark or a registered trademark can be extremely expensive - especially if you want worldwide protection. Not worth it, IMHO. Even a simple copyright might not help you, because the interpretation of copyright law varies from country to country.

jonniThreads: 26 Posts: 4,189 Joined: Nov 27, 07 ♂	Feb 3, 10, 21:27 #4
For a registered trademark in Poland, you have to pay per letter - so keep it short!

z_dariusThreads: 22 Posts: 5,091 Joined: Oct 18, 07 ♂	Feb 3, 10, 21:33 #5
TheOther: A trademark or a registered trademark can be extremely expensive - especially if you want worldwide protection. Not worth it, IMHO. If the business is successful, the loss of trademark would be much more expensive than registering its trademark.

♂

Edited by: TheOther Feb 3, 10, 21:42 #6

z_darius:

If the business is successful

Problem is, you don't know beforehand... :)

A registered trademark can be a huge financial investment if it's worldwide. Would you be willing to shell out some serious cash without knowing whether your business will be successful or not? I wouldn't - at least not during the start-up period. Of course, if we're only talking Poland here, then a TM might be an option. Don't know the costs though.

♂

Feb 4, 10, 03:31 #7

It all depends on the definition of "huge financial" investment. If you want to run a business to plow snow for 3 customers every Winter then $5,000+ kinda much indeed. For many business start-ups the $5,000 would be peanuts.

Other than that it is a catch-22. The problem is that if a trade name is used by the "owner" without the TM sign next to it then any future attempts to defend it as a trademark might be really (I mean really) hugely expensive. So if you don't get hit in the beginning you may be hit even more in the future.

♂

Feb 4, 10, 03:54 #8

z_darius:

It all depends on the definition of "huge financial" investment

Fees add up if you want to register in - say - 100 countries or more, you definitely need costly legal advice to set everything up, there a renewal fees, and so on and so forth. We are not talking about five grand; you are often looking at 5 or 6 figures ( or even more).

You are of course right with the catch 22 situation. Larger corporations or well-funded startups wouldn't hesitate, but as I said before: for smaller companies the whole thing might be too expensive.

♂

Edited by: jworlledge Feb 4, 10, 08:18 #9

I think I just need something for Poland as any franchise plans I have would be for Poland alone and I have recently been talking to guys who own Piwoteka and they got battered by people stealing their name and twisting it.

Keep it short, got it.

Maybe trademark is a better way to go. I just don't want someone to say, "that's a good idea, I'll just use his name since it's not trademarked and..."

Am I being a bit paranoid?

Anyone know costs for trademarking in Poland (12-15 letters, 2 words) and who to contact for this?

♂

Feb 4, 10, 15:04 #10

One thing you may consider is that a word or phrase is automatically copyrighted the moment you create it. Some conditions apply though. A common word will not be automatically copyrighted, and neither can you copyright so called prior art. You could eventually turn a copyrighted woird or slogan into a trade mark.

Now, I am not a lawyer but I was involved in a few cases and hence I know a little bit. Your best bet is still a chat with a trademark/copyright lawyer.

jworlledgeThreads: 6 Posts: 14 Joined: Sep 14, 09 ♂	Feb 4, 10, 20:16 #11
Thanks darius. I just happen to be visiting one tomorrow morning. I will post his advice here for anyone else who may need it.

♂

Feb 10, 10, 08:25 #12

I will try to summarize my meeting with a lawyer last week about copyrighting (wrong term), trademarking a company name. Basically, it is pretty simple process to find if your desired name is taken or not. If you go to the Urząd Patentowy website, you can search through a database of trademarked names. His advice was to pick something more than one word unless your one word is made up and extremely unlikely to be considered common by the board who will make the decision concerning your trademark case.

English names are good, but if you decide to name your company in Polish, using normal words, then you will need to choose two or more of the words to be considered unique enough. For example, you couldn't name you company "Woda" or "Woda Naturalna" as the first is a thing commonly used and the second is a specific type of the previous thing. You could, however, name is "Excellsior Woda" or whatever.

I am not sure of the prices, but I will write some further information as I find out; I will start the process sometime this month or next.

As far as legal advice goes, anyone know how to legally dispose of a yapping dog that seems to have the endurance and stamina to go 22 hrs a day, 'YAAAAAaaaaaaap' in a shrill, high-pitched voice?

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