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Shannon Moore - EzineArticles.com Expert Author
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation.
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- Trademark International Class - Class 35 - Advertising and Business Services
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 35.
- Trademark International Class - Classes 32 & 33 - Light Beverages - Wines and Spirits
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes - classes 32 & 33.
- Descriptive Trademarks
[Legal:Trademarks] The title here is a bit misleading as descriptive words are not typically allowed to be registered on the USPTO's trademark Principal Register. Let's back up a little... One of the main points (some would argue THE main point) of having a Federal trademark is to have exclusive rights to a name, a logo or a slogan within your industry. Given that, words that "merely describe" the goods or services are not going to be allowed.
- Trademark International Class - Classes 29, 30 & 31 (The Food Classes)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at a group of these trademark classes - classes 29, 30 & 31.
- Trademark International Class - Class 16 (Paper Goods and Printed Matter)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 16.
- Trademark International Class - Class 14 (Jewelry)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 14.
- Trademark International Class: Class 9 (Electrical and Scientific Apparatus)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 9.
- Trademark International Class - Class 18 (Leather Goods)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 18.
- Trademark International Class - Class 20 (Furniture and Articles Not Otherwise Classified)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 20.
- Trademark International Class - Class 25 (Clothing)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 25.
- Trademark International Class - Class 5 (Pharmaceuticals)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 5.
- Trademark International Classes - Class 3 (Cosmetics and Cleaning Preparations)
[Legal:Trademarks] All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 3.
- Explanation of the Trademark International Classification System
[Legal:Trademarks] Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45.
- Filing a Trademark - Plain Text Vs Stylized Logo
[Legal:Trademarks] When filing a trademark, the USPTO gives you two options: Standard Characters or Specialized Form (Stylized and/or Design). Let's look at each one in detail and that should help you decide the best way to file for your mark. As with any discussion about filing for a trademark, it is always assumed that you've done your due diligence and had comprehensive research conducted. That being said...
- Trademark a Name and Logo - Together Or Separate?
[Legal:Trademarks] Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
- Trademark Monitoring
[Legal:Trademarks] After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.
- Copyright a Logo
[Legal:Copyright] When deciding to protect your logo or design it can be a bit confusing trying to decide how to protect it. After all, your logo is basically the face of your product line or your services so it makes sense that you'd want to do the right thing when it comes to ensuring that you have exclusive rights to it. The question is should you copyright your logo or trademark your logo? The answer, surprisingly, may be both.
- What is Not a Service Mark?
[Legal:Trademarks] There are 5 examples the USPTO provides about what a service mark is not and it's my guess that these are often filed for accidentally. 1) Contests and Promotional Activities. Now you'd think that contests and promotions are obviously services, right? It is a real activity and is done for the benefit of others.
- What is a Service Mark?
[Legal:Trademarks] While the USPTO does use the term trademark to denote businesses offering goods or services, there is a distinction between a trademark and a service mark. To be clear, there is no difference between trademarks or service marks when it comes to needing comprehensive research or filing a Federal application. All of that remains the same.
- Breaking Down the Code
[Legal:Trademarks] Every logo that is filed with the USPTO is assigned at least one 6-digit code. Let's break down that code.
- Copyrights and Trademarks - Does Your Business Need Both?
[Legal:Trademarks] Protecting the intellectual property aspects of your business is a worthwhile investment. However, it is difficult to know what form of intellectual property works for what facets of your business. Let's take the time to break all that down.
- Small Business Trademarks - Who Needs 'Em?
[Legal:Trademarks] Anyone that's started a small business or is in the throes of starting a small business knows how overwhelming it can be just to get to opening day. You've got licenses & permits to think about, what sort of business entity structure is right, where the money is going to come from, and on and on.
- Trademark - Refusal on Basis of Ornamentation
[Legal:Trademarks] When it comes to protecting the name and/or logo of your clothing line, a trademark is the way to go. However, you should be mindful of what's considered legitimate proof to the USPTO. The title of this article is the response you'd likely get from the USPTO if you submit a photo of a t-shirt with your name and/or logo displayed on the front.
- Registered vs Trademark
[Legal:Trademarks] Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
- Copyrights vs Trademarks
[Legal:Trademarks] Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few. Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service.
- Trademark vs Service Mark
[Legal:Trademarks] Simply put, trademarks are for goods while service marks are for services. When discussing either, it is common to use the term "trademark", even when discussing a service use, because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.
- Likelihood of Confusion - The SAM Rule
[Legal:Trademarks] When filing for a Federal trademark, it's important to keep the SAM rule in mind. Who's SAM? SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications.
- Hut 8, Hut 9, Hut 15!
[Legal:Trademarks] I haven't a clue if I used the correct football reference but let's go with it because it fits with the subject of this post. A trademark can be owned indefinitely as long as the applicant stays on top of all the various forms the USPTO requires.
- And Just What Does That Mean?
[Legal:Trademarks] When filing a Federal Trademark application, it's important to keep yourself up to date on your status. However, some of the status descriptions can be a bit confusing so let's spend some time defining the most common terms.
- What's the Point of Getting a Federal Trademark?
[Legal:Trademarks] After reading about Common-Law, you're probably wondering why you'd even be interested in getting a Federal Trademark for your name. Well, let's break down the key reasons as provided by the US Patent & Trademark Office.
- What Is Common-Law?
[Legal:Trademarks] Most often when one hears the term Common-Law, it's in reference to marriage. If that's what you're looking for, go here. Otherwise, keep on reading.
- Statement of Use - Amendment to Allege Use for Intent-to-Use Application
[Legal:Trademarks] Once the Intent to Use application is filed, the USPTO will move ahead with the filing process as normal but once all the various red tape has been cut, they will need to hear from you that you're using the mark in commerce. You let them know you're using the mark in commerce by either filing a Statement of Use or an Amendment to Allege Use. Now, it sounds confusing but this is essentially the same form - the only difference being as to the time when it's filed.
- Federal Trademark Application Timeline, Use In Commerce Applications
[Legal:Trademarks] Assuming you've had all your comprehensive research completed & the name is clear, the first step is to file the application. The application is available online through the USPTO.
- Specimens - Not Just for Guys in White Coats Anymore
[Legal:Trademarks] Okay, first, what is a specimen? While it sounds very laboratory-ish, it's really not too complicated. Basically, the USPTO needs to see a real-world example of how your mark is used for the goods and/or services.
- How Do I Trademark a Domain Name?
[Legal:Trademarks] The process for filing for a trademark for a domain name is similar to any other name. However, there is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name.
- How Do I Trademark a Slogan?
[Legal:Trademarks] How do you protect a slogan? Do you copyright it? Or is this a trademark issue?
- Free Name Search The Pitfalls of Relying on Free Name Research
[Business:Entrepreneurialism] You found the perfect name for your business and are ready to make your place in the business world. You know you should check to make sure that no one else has rights to your name but where to start?
- Domain Name Registration - The ONE Mistake Commonly Made when Registering a Domain
[Internet-and-Businesses-Online:Domain-Names] You found the perfect domain name for your business and it's available. You're free to register it, right?
WRONG!
- Company Names - 1 Vital Question to Consider when Naming your Company
[Business] The naming of your business could be one of the most important decisions you will make. A name's originality and legal availability will create a real asset value of its own, as it becomes marketed and gains market acceptance.
- Starting a Business - The One Mistake many Owners make when Starting a Business
[Business:Entrepreneurialism] You've decided to go into business for yourself. You've done your research into your industry, overhead, equipment, advertising, etc. You're all set to go, right? Wrong!
- Logos - 3 Benefits a Logo Gives to your Brand
[Business:Branding] Whether you're just starting your business or your business is well underway, this question has more than likely popped into your head: Should I have a logo?
- Free Trademark Search - Is it Possible to Search my Trademark for Free?
[Legal:Trademarks] Yes and no is really the only way to answer this question. While there are some great preliminary sites anyone can access for free, that is NOT a clear cut indication of whats out there in terms of company names, service names or product names.
- Domain Name Registration - What NOT to Choose as a Domain Name for Your Business
[Internet-and-Businesses-Online:Domain-Names] Choosing a domain name for your business can be one of the most important decisions you make. You want something that relates to your business, is catchy and is easy to remember. Just keep in mind what you don't want.
- Trademark a Name How to Register a Trademark for Your Business
[Legal:Trademarks] So, you finally settled on the perfect name for your product or service it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service.
- Intellectual Property The 3 Branches: Copyrights, Patents & Trademarks
[Legal:Intellectual-Property] When you hear the phrase intellectual property, what do you think of? How can something that exists in your mind be considered property? Are your ideas your property similar to that of your house or car?
- Trademarks - A Quick Introduction
[Legal:Trademarks] With the combined advent of the internet/dot-com boom and the prevailing trend of individuals going into business for themselves, the focus and importance surrounding intellectual property has been in the forefront of the minds of entrepreneurs, artists, inventors and anyone wanting to protect the fruits of their labors.
- Trademarks What You Ought to Know
[Legal:Trademarks] Trademark law affects every business in the United States. Don't assume that your new business name, new product name, slogan or logo has not already been used commercially OR trademarked! No business name may be used in any one of the following cases
- Trademarks - What is a Conflict? What is a Strong Similarity?
[Legal:Trademarks] Comprehensive trademark research consists of several layers: Researching comprehensive databases, such as Lexis-Nexis or Dialog; Looking for similarities, such as synonyms, word placement & spelling variations; Consultation with a trademark attorney if Conflicts or Strong Similarities arise. The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained, further research into the company or companies is needed.
- Search Your Business Name - Why You Need To & How To Get Started
[Business:Entrepreneurialism] Starting a new business can be overwhelming, exciting and confusing all at once. No matter the industry, all new businesses have to deal with financing, advertising, organization, ownership structure, etc. One area that is neglected by many is ensuring that the name of the business is truly available.
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