Case analysis
Creative Label Trademark Case
Matt Sieverson had wanted to manufacture personalized label wine for years. He had made wine in his basement and put on special labels as gifts for his friends on special occasions such as weddings and special parties. His friends remarked that the wine was very good and the label was a great idea.
Matt decided to go ahead with his dream venture and produce wine commercially with personalized labels. He made all preparations for the venture including having others manufacture the product to his specifications, obtaining the necessary licenses and getting approval of the basic label that had the constant information required by the government for an alcoholic beverage.
He now wanted to get his venture known and needed a tradename to promote his company. He decided upon the name "Creative Label" and discussed with his attorney the process for obtaining a trademark. He learned that each filing with the federal government for a trademark would cost about $1000.00 ($325.00 for the filing fee and the rest in attorney fees). Also, if he wanted to learn if others are using this tradename, he could engage Thomson & Thomson of Washington D. C. (1-800-356-8630) to do a trademark search for about $370.00.
Matt considered that this is a start-up venture and the $1000.00 plus that he would spend now for a tradename really is hard earned money. What would happen if he used the name and someone else had it registered? If he had to stop using the name it would set him back somewhat in his company recognition. But at start-up time, how should you spend your money? What would you do?
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