When are trademarks necessary? (web-related)

[zeetg]

Hi,

I'm putting together a web-based service at the moment. All revenue will be donation based, so I'm guessing that I don't need to register a business. I will be using my own unique logos, slogan, etc. (As far as I know, based on my research, the name, designs, and slogan are unique)

If I later find out that part of my domain, logos, or slogan are somehow trademarked by another company, what can the repercussions be as an individual? In relation, if I could prove I used the marks prior to that other company trademarking, would happens then?

Under what circumstances is it necessary to trademark something?

What are my vulnerabilities if I do not trademark my logos, slogan, etc?

If I find it's best to trademark, do I need to register a business in order to trademark these items, or can that be done as an individual?


Just want to be sure my bases are covered before doing anything.

Thanks

 

[Michael Wechsler]

As an individual, you are personally liable for IP infringement. Will you be prosecuted? Perhaps, probably not for small items but it has happened. Best is to create a not for profit corporation to accept the money and operate the business. Trademark is important if you believe you need to protect your identity, if it is unique and identifiable and not a general term (like "insurance" for example, which does not have one origin.)