TM Newsflash 02: Before You File For Your Trademark

This video provides an overview of the most important issues you should be aware of when filing a trademark application. It covers such topics as trademark availability searching, ownership information, differences between drawings and specimens, identifications of goods and services, and filing bases. Failure to understand these topics can create major deficiencies in your application or result in an application that is void from the start.

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Category:

Howto & Style

Tags:

• trademark
• USPTO
• logo
• mark
• drawing
• application
• howto
• instruction
• brand
• goods
• services
• design
• tutorial
• diy
• educational

[USPTOvideo]

@MrMyYoyo

The Trademark Office is not allowed to provide legal advice, so you may wish to contact a private practice attorney for answers about legal protection of your trademark. With regard to identifying goods and services: 1) being hired to take pictures is considered “photography services;” 2) selling photos on-line is considered an “online retail store service featuring photographs;” & 3) “printed photographs” are considered goods. Which you wish to identify is a personal business choice.

[USPTOvideo]

@meccah2000

Those are good questions and we’re happy to answer them. YouTube only allows a short response, however, so please e-mail TMIN@uspto.gov and we’ll respond in full.

[USPTOvideo]

@DawnxoAmber

“Manufacture” and “sale” are classified in different classes: “manufacturing” is Class 40 and “sale” is Class 35. Services, however, must be performed “for others.” So, the manufacture of your own goods isn’t a service, but the manufacture of goods for others is. Also, “sales” is not considered a service, but the providing of a convenient place to purchases goods is (like a “retail store”). For more information, watch the Goods and Services video (#6) and check out the ID Manual.

[USPTOvideo]

@BowieLovinJew

It depends on what you mean by “cartoon.” Marks that indicate the source of “printed cartoons” and “recorded animated cartoons” may be registrable, but mere names and designs of cartoon characters in creative works are not (unless they serve another source indicating function). The names of cartoon characters for stuffed toys are registrable. For more specific questions, please e-mail TMIN@uspto.gov.

[USPTOvideo]

@StillActivity

Producing the music of others is a “service.” You could identify the services as “music production services.” If you produce your own music and put in on a recording for others to purchase, that’s a “good.” You could identify the goods as “prerecorded CDs featuring music.”

[MrMyYoyo]

I'm interested in getting my photographer name trademarked. I will be focused on selling photography and taking pictures of people and selling it back to them, under what category should I list myself? Goods or services? Do I need both if I will only be placing my trademark on the pictures I sell? Also if I trademark my name and place them on my pictures (online) do I still have to place a patent for every picture, or does the trademark present on the picture represent enough power in court?

[meccah2000]

i have a question regarding the name itself, if my brand name is three words long and i plan on using it as such and also as an acronym how would i include this in the application. Also you mention in the video that a specimen could be the tag on a shirt and also the advertising of the item could you please elaborate this for me? What if i play on putting the name on the shirt itself ?

[dagoaryansieg]

ya,,they made this video like everyone has a fifth grade education.

[jerryprofe]

Buena información para el neófito!

[DawnxoAmber]

Is  the Manufacture and sale of the same product one class or two ????

[moodboom]

'keep it right here!' rockin! haha

[yipcarl]

LOL. At least they provide information...BUT where in the heck do they get these people???? Breaking News from the Patent Desk? LOL Why 'breaking'. The whole video is informational..