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Depressed about Trademarks. :(

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  • #498006
    Thunderwing
    Participant

      #760198
      Thunderwing
      Participant

        It’s not fair that it’s so expensive and difficult to protect ‘intellectual property’ with a trademark and/or copyright. I can’t get a straight answer out of a lawyer without shelling out money first, and google searches are just too confusing. >.< Not to mention… Hasbro went and trademarked my name! I've been using the name "Thunderwing" online since 1996, but I'd been using it in artwork and to represent myself since I was a child. And someday I'd like to publish all the writing I've done. It's more than just 'a name' it has come to represent who I am even more than my given real life name.

        But now I’m screwed. They stuck a trademark on the name “Thunderwing” as one of their transformers characters.

        If I could have afforded it, I would have trademarked it when I first thought of it around 2000, but how is a student supposed to come up with funds for something like that? Not to mention the nearest lawyer office who deals with these things was four hours’ drive away.

        I’ve lost many nights sleep over this. I’m way bummed out over it. -.- I do hold out some small hope that I may still be able to use the name, since it is for a very different purpose (my writings involve fantasy/sci fi, and no giant robots…)

        I’m also really confused about how a trademark works, and how extensive it is. I’ve been seeing that little TM note alot in the world, I think I notice it alot more now. For example, the canada post booklet here in front of me has the word “Priority” with a TM behind it. So what, they own the word Priority? Or just as it applies to mailing packages? I’m so confused, and rather upset by the whole… “mine mine mine” that seems to be out there with these companies. 🙁

        #760199
        BDW
        Participant

          Pmed you

          #760200
          Pegasi1978
          Participant

            Thunderwing was a G1 transfomer so the character was originally created in the 1980s meaning Hasbro’s proabably had the TM for a while now.

            #760201
            Thunderwing
            Participant

              pegasi1978 wrote:

              Thunderwing was a G1 transfomer so the character was originally created in the 1980s meaning Hasbro’s proabably had the TM for a while now.

              It is so weird seeing my name used to talk about another character! *lol* I thought that “Thunderwing Transformer” showed up first in 2003, in the comic?

              #760202
              Skigod377
              Participant

                Yeah, I remember Thunderwing back in the G1 (generation 1) Transformers series from 1989.

                I thought this was gonna be a Windstone paint trademark issue. 😀

                #760203
                Pegasi1978
                Participant

                  Thunderwing wrote:

                  pegasi1978 wrote:

                  Thunderwing was a G1 transfomer so the character was originally created in the 1980s meaning Hasbro’s proabably had the TM for a while now.

                  It is so weird seeing my name used to talk about another character! *lol* I thought that “Thunderwing Transformer” showed up first in 2003, in the comic?
                  There have actually been three different Transformers named Thunderwing.

                  Thunderwing the Decepticon Pretender from Generation 1. (around 1989)
                  Thunderwing the Mini-Con stealth bomber from the Armada portion of the Unicron Trilogy. (around 2003)
                  Thunderwing the Autobot-allied Mini-Con fighter jet from the Classics series. (around 2007)

                  #760204
                  Thunderwing
                  Participant

                    skigod377 wrote:

                    Yeah, I remember Thunderwing back in the G1 (generation 1) Transformers series from 1989.

                    I thought this was gonna be a Windstone paint trademark issue. 😀

                    Haha!

                    It might eventually, their jade silver color is uncannilly similar to one of my character’s coloration. 😛 But not the one in question in this thread.

                    #760205
                    John
                    Keymaster

                      Hi, You really need to do a little homework and get more familiar with the intellectual property laws. I think that the Patent And Trademark office has very good easy to understand info. on their site. You might also check Wikipedia for info. and links to legal sites. I think you will find that trademarks are quite different from patents and copyrights in that they are governed by use and you will probably find that your usage is different enough that Hasbro’s trademark filing has no influence on your usage of the name for a different product or service. As long as it is different enough.

                      Also, all original artwork is automatically protected by the copyright law, even without registration, but registration gives you more rights to recover damages. You don’t need a lawyer to register your work and, again, I think you will find the info. you need on the patent office website.

                      #760206

                      Bumblebee was my favorite…Until he was a Camaro…But it was really cool when he “lubricated” on the guy in the movie! XD (Hope they bring Jazz back in the next movie, he was cool!)

                      Not that ANY of what I said has a thing to do with anything in this thread really…**feels random tonight**

                      #760207

                      WindstoneCollector wrote:

                      Bumblebee was my favorite…Until he was a Camaro…But it was really cool when he “lubricated” on the guy in the movie! XD (Hope they bring Jazz back in the next movie, he was cool!)

                      Not that ANY of what I said has a thing to do with anything in this thread really…**feels random tonight**

                      I liked Bumblebee *BECAUSE* he was a Camaro; that was my first car way back when. 😀

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