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lapousmor Sophie Z'Ours
Sarthe, France
Posts: 2,770

Well girls and guys, i am thinking about making my own website and eventually selling some bears.
I have already found a nice name for me, but I don't know whether I can use it without first asking for copyrights. Problem is that copyrights are far too expensive... And I definitely cannot afford it!!!  bear_cry

I won't do it as business. I don't make many bears a month and just do it as a hobby. I would like to sell just a few to please myself and to reimburse teddy bear making materials. I would like to sell bears directly from my website using PayPal.

What about you?
Any advice?

Thanks,

Beary hugs,
Sophie.

matilda Matilda Huggington-beare
WA
Posts: 5,551

Sophie, I am in the same situation as your self. I contacted the 'Small Business Assoc' here in australia. And spoke to a free advice group that helps small business's and helps quiries like am I an artist or a small business. That sort of thing.
I also through this assoc checked out businesws names and domain names and that sort of stuff. All this checking is free. In Aust they have been wonderfully helpful.
www.freewebs.com are freewebsites for business's like what you will be after. Some free sites dont let you sell these do.

All the best for your new enterprise. bear_thumb  bear_flower May you be truely successful
Matilda
bear_thumb

Estelle Estelles canal bears and Tod Teddies
Todmorden West Yorkshire
Posts: 370

absolutely aggree with Matilda  freewebs are brilliant and so easy to use I started with a free ite and upgraded so as to get unlimmited photo uploads super company and so helpful

WildThyme Wild Thyme Originals
Hudson, Ohio
Posts: 3,115

Sophie,
  you know... I have no idea really since you are in France, but here in the US, a company name is generally trademarked if you are looking to register it for legal protection.  Trademarking is a process that is less expensive than legal copyright here in the USA.  As I said, I have no idea as to European law. 

That being said, I've never trademarked my name... I just searched and searched to try to ascertain whether anyone else was using it for anything remotely related to teddy bears.  Since it's completely obscure, as related to bears at least, I doubt I'll ever have a problem.  Plus, even if I did trademark it, and someone else decided to use it, I wouldn't be able to afford the lawsuit that would be almost assuredly be required to defend the use of my company name and actually force someone to stop using it .... so I figure, Why bother!?

Beary truly yours,
Kim Basta
Wild Thyme Originals

SueAnn Past Time Bears
Double Oak, Texas
Posts: 21,915

SueAnn Help Advisor, Banner Sponsor

An easy search to do is google the name you picked and see if you come up with someone who is already using it.

Judi Luxembears
Luxemburg, Wisconsin
Posts: 7,379

I think too, that once you have your biz name, it is YOUR domain name and no one else can use it on the web.  Right?

If I am remembering correctly, I paid $250 for my domain name "Luxembears"  so for the next ten years no one can use that name.

bearsbybeesley bears by beesley TM
Tofield Alberta Canada
Posts: 6,818

Absolutely guys! There are much easier ways of going about it as mentioned. We did invest in trade marking our name and logo. I am not so sure that I would do it again. It really is not necessary. Cost approximately $1400.00 Canadian Dollars.

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Many Hugs Louise

lapousmor Sophie Z'Ours
Sarthe, France
Posts: 2,770

Many thanks, girls!

I have registered on freewebs.com and began to build my website. Not that simple, but fine.

Beary hugs,
Sophie.

fredbear Fred-i-Bear
Johannesburg
Posts: 2,243
Website

Normally you have to pay for a domain name and that name is registered to you for a certain period and after that period you will have to renew it so it would be
lapousmor@ XXX.fr.
lapousmor@xxx .com or whatever you decide on, providing someone else did not have the name you have already chosen. If you link your website to one of the free sites then you do not pay for the hosting of your site.

My artist bear friend in Switzerland had a contract with a manufacturer in Korea, and she went to a lawyer to try and get copy rights on her bear label.
It was very difficult as
1. part of her name was Jolly- you cannot copy right this- it is an expression
2. Bears - was also part of the name- this refers to an Animal- you cannot copy right this
3. Switzerland is a country- you cannot copy right this
In the end on the advise from the legal team it was decided that there was not much she could do.
Personally I think for the amount of bears a normal bear artist/ hobby maker is going to sell, it is fine to proceed as we all do, if you are aproached to do a large contract, then seek legal advice, or if you become the next Miz Beary Waltzy Disney Steiff teddy Bear artist then protect every little design.

bear_original Lynette

Shelli SHELLI MAKES
Chico, California
Posts: 9,939
Website

Shelli Retired Help Advisor, Banner Sponsor

WildThyme wrote:

I've never trademarked my name... I just searched and searched to try to ascertain whether anyone else was using it for anything remotely related to teddy bears.  Since it's completely obscure, as related to bears at least, I doubt I'll ever have a problem.  Plus, even if I did trademark it, and someone else decided to use it, I wouldn't be able to afford the lawsuit that would be almost assuredly be required to defend the use of my company name and actually force someone to stop using it .... so I figure, Why bother!?

Sophie, Kim's approach was precisely mine, to the letter!, when I starting on finding a business name, as well.  Every last thing she said I considered and did, right down to the, "Why bother trademarking if I already know I can't enforce the trademark and pay legal costs in a lawsuit!"

Good luck!

Winney Winneybears and Friends
White City, Oregon
Posts: 1,103

Hmmm, I think that is why many advise you to make your name as part of the business name...like. Winneybears..Its harder to run across a repeat of the name being used for a business name..

Years ago I went by Little Friends by Winney, I made tiney mice...then I   found out someone who also made mice used Little Friends....darn ! and I had lots of business cards , letter heads paper and envelopes already done up...darn ! It took a lot for me to think about just how I was going to change that name after 20 years....and yet still keep it...so my old customers could say they could still find me,,,,

There only one other artists out there that has a similar name.. Winey Bears  by Sally Winey ..or maybe she is listed as Wineybears....dunno.
However, I still like my name ; Winney Bears and Friends ( I make Santas and other critters too ) . I could just go with Winneybears .....its catchy and easier...???? Winney

Cleathero Creations Cleathero Creations
Ripley, Queensland
Posts: 1,925

You can register your name as a business and that helps protet your stuff
(well in Australia).  I use my family name so unless I become really famous I don't think it's going to be too much of a problem.

Stephanie Sassy Bears & Fabrics
Aurora, Colorado
Posts: 196

What Kim & Shelli said.
I did check and was told that since I have registered with the State of Colorado (needed my business & sales tax license) and it is registered as my domain name, that could be used as proof that I own it. If anyone else ever wanted to use my name (not likely) I would have proof that I have been using it since XX date. I probably couldn't fend off a huge lawsuit but it should deter anyone else from using it.

Just try to pick something different & original and you shouldn't have any problems.

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