Without even searching, I would guess Cinch is reserved by Glad or some sort of trash bag company.

i’m not so miffed by the whole name thing…it’s just that these little things just drain my energy…

That’s why things are much more expensive than you think they should be.

i didn’t use my lawyer to resolve this issue…i don’t have another $2000 to throw around…i flat out told them i was a mom inventor and did not have the money to defend myself so i would have to do it myself….i told their big lawyers, that it would be nice if they would explain things to me….(of course they are helping me with their slant) but they are not being unreasonable…thank goodness…they are at least being conscientious enough to help me walk away from the situation by putting things into the resolution to make me ‘happy’…

I think what Mark was getting at is that products cost so much to the consumer because all the legal and technical red tape that must be payed for. If Gladd didn’t have lawyers on retainer, their products would be cheaper.

mark, so true…this company with this issue is a multi-million dollar company with lawyers on retainer….i’ve had multiple conversations with them, some as long as 45 minutes…their lawyers never cut me off…i just can’t afford to pay a lawyer to talk to them for 4 minutes…BTW glad bags are cheap aren’t they?…..are we talking big trash bags or zip loc baggies?

Eva are they claiming that they have trademarked the word “cinch” and therefore are fighting your trademark?

yes…and there are many defenses i could use and know would get consideration…but at the end of the day, is it worth fighting over?

Eva just change it to – INCHER
takes in the inches OR INCHER WRAP –
Just a suggestion :))

what a pain in the butt. When I filed my trademark and “logo”, they would not allow me to trade the generic part of my phrase - which I was fine with. That’s why, I’m surprised to hear about your difficulty. What if you added an “h” to the end … or put Cinch and Ease together .. CinchEZe or CinchEase …

See, this is what I don’t get about trademarks. I went to the Trademark Electronic Search System and did a search for “cinch”. I don’t understand how that company can say that they own it when there are 95 live trademarks using a form of the word “cinch”.

TESS – “Cinch” search

Is there something I’m not getting??

Becky

becky, i wish someone could explain it to me as well…i know there has to do with something about a product being in the same product class…ie garments…and my product is not a garment, but is used in combination with a garment…so see, i have a leg to stand on, but i don’t have money to fight…then you have to ask yourself, is this worth it?…they aren’t telling me that i can’t sell my product….i just hope that this isn’t an issue with all the other names i come up with….

So, the company that is intimidating you is a company that uses the trademark for a garment?

And when you ask yourself is it worth it, you need to take into consideration that the name of your product can make it or break it and also the fact that you have already been promoting the product with this name. Haven’t you sent out free samples and received quite a bit of feedback on internet forums?

With that said, there are usually many names that a product can be called with great success and often an inventor’s initial name gets changed many times before the product reaches production, so this may be a blessing in disguise to once again refine your product.

Becky

becky you are right…but it’s just another one of those set-backs….i sent out another survey to my 1500 folks, and started a contest to come up with a great new name…the winner gets $50…..and they really have come up with some great names…and becky, i am really early in the game..i only sold for 3 months…and the big company is allowing me to keep my old you tube video on the internet….so they could be more nasty if they wanted to…and they won’t ask me to take down any press articles which were done with my product’s former title…

I agree with Becky, Eva you will come up with
another great name for your product. :)

Eva, I’m sorry to hear what you are going through! This just sounds so rediculous! I’m going to remember this, and in the future, make up some nonsensical name for my products, just to not have to go through this!

but what does donny deutsch reccomend?….he says to use descriptive words in your product name that describes what your product does…….my personal favorite new name “Bottoms UP!”

If your product is just for pants, shorts or
skirts then “Bottoms Up” is a great name Eva.

Have a good sleep,Eva.Some good food.F..k’em

boohoo…bottomsup.com is taken….see it’s not about the name of a product anymore, its about finding an easy domain name….

fitznow.com

you know what Tania. your FITZNOW makes you take
a double look at the word . Pretty tricky there
lady LOL I LIKE IT. Let’s see what EVA thinks

Eva~
Generally speaking, two companies can have the same common word registered as a trademark in different lines of business…

Apple Computer had “Apple” trademarked for selling computers, and The Beatles had “Apple” trademarked for selling music. Everyone was happy until Apple Computer opened an online music store.

It’s all about how the term is used!?

tania, soooo funny you should mention www.fitznow.com…i think i already own that domain….as i come up with names i buy domains….i think i also bought eazyfitz or fitzeazy….

murray, you’re right, this ain’t sew eazy….and no, and no, and no to butt clencher LOL…..and eddie (by the way, it’s amazing what an avatar can do to one’s assumed personality), the big company is claiming our product is in the same industry, which i agree, however, his product is used as a noun, and the way i use cinch is a verb….

I like fitznow.com or how about itfitz.com

Eva….there are ALWAYS problems with trademarks. You get a big product and someone will come out from somewhere complaining…they usually want money and $10,000 or so makes them go away.

It’s part of it…don’t sweat it.

You are doing something VERY smart letting people pick names for you. I named Handi-Straps but general people approved; not me.

Pick another name….that’s ok…but try to hold the rights to the trademark. Let them let you register it if you can. You can apply with the USPTO yourself for $350 but you will get an office action and a rejection most likely.

At that time you will have 50 pieces of mail that come in from lawyers that specialize in trademarks…somehow they find out you filed.

Secure the domain name AS SOON AS the company approves! This counts, a domain name as for some trademark rights.

Remember, if the company drops your product you want to use that trademark!…or if the license expires…as many licenses are only for 5 years.

The company may not let you keep the rights or have any rights to the trademark…but try and keep them.

Trademark rights are established by an interstate legitimate sale. If you sell one in NY…you are protected ONLY in that state….unless you register with the USPTO. If THEY make the sale….guess what…they get the rights unless you specify in the contract other.

I may have a problem…there is a handi straps without a hyphen in England…it happens…I sell all over the world.

Don’t worry about it…pick another name and in the process see if you can “get a grip” without them really noticing your strategy and how you know it may be so valuable when the IP protection runs out etc.

Whatever you do….MAKE SURE you do a search at the USPTO trademark search before you pick a name. Checking there may also give you ideas! To search trademarks is not hard at all.

C’mon! Your tough! Push back at those execs! Play pretty and naive maybe…and try to retain rights to that trademark! Give them 5 names and let them pick one. Marketing depts are VERY VERY particular about names…as well as the legal dept…..make a major deal of it…and you should too. It is that important.

One of the MAJOR reasons I sold direct with Handi-Straps is for trademark ownership!!!! Handi-Straps will be a household name for many many years!!!

For trivia…Coca-Cola trademark is said to be worth 20 billion!

Ron Komorowski
Inventor of Handi-Straps
www.handi-straps.com

oh, I searched it before putting it here and it said available?? oh well

murray, thanks for thinking of me…yes, i did the trademark search on the USPTO site right?….and tania you are correct FitzNow is available….i bought 3 other ones and eazyfitz was one of them….

Eva,

That stinks! I’d be careful about anything with fit in it. You might end up with a battle from Lee Jeans. They have Sure-to-Fit pants (or something like that). I did a trademark seach on cinch and there were several cinch trademarks. I can’t see how thay can stop you from using it. I am also confused about how a company can ask you to stop using your registered trademark. Sounds liek you’re being bullied.

ron, thanks…i’m feeling tired from the whole name thing…i think i am just going to name it something weird…forget donny deutsch….i am going to lead the trend reversal….

margaret, i don’t have a registered trademark, i just have an application in……….cynch-eaze….they said they are ok with changing lettering around….this just sucks…

calling in murray!!!…i need a crazy name for my product…preferably not a butt clencher…remember, now i am looking for a cool name like kleenex or coca cola….

Eva,

How about Yanx!…as in yank your pants up, play on Spanx…ok, no tomatoes please :)

but kleenex and coca cola probably weren’t cool the first few years. If you think about it, Kleenex is a really stupid name. We just all know it because it’s been around a long time. The name doesn’t make the product….the product makes the name…holy crap, listen to myself ????
alright, I’m done :-) lol

tania, you make sense : )
Yankies…yanxie…geeze, do i need to be on a halluncingenic to figure out a name?…i was not born with the creative gene…

i read somewhere that people really are drawn to product names with an X at the end…

ask stephen!

good idea

that’s what i want to do, and i am working towards…

Eva,

There was a trademark on cinchies but its status is dead, so it appears available for trademark AND the domain name is available.

James, i am ordering my t-shirt right now “WWSD”? or should it be What Would Stephen Say? WWSS?….i kinda like WWSS…..and margaret, i am on it thanks!

Ask stephen!

sinchibees?
sincheroos
sinchatightess hahaha

james, does stephen have a 911 number?

Ask the pro!!