TM Newsflash 05: Drawing

This video focuses on what is meant by the term "drawing." Because you may amend your mark "drawing" only in rare circumstances during the application process, it is critical that you understand this concept before filing.

• Category

  Howto & Style

[Vivek Rana]

We want to register a TM using two different words. We notice that another registrant has used the same but without any space in between the two words. Can we still register or it is not allowed?

[USPTOvideo]

The USPTO cannot make a Likelihood of Confusion determination until after an application is filed, but the addition of a space to a registered mark usually will not overcome similarities between two marks. Similar or identical marks, however, may still register if the underlying goods and services are unrelated (e.g., “tires” and “fruit smoothies”). For more information, be sure to watch the “Searching” video in this same series or contact a private practice trademark attorney for advice.

[Courtney Clarke]

I have a fashion group/brand and I want to make sure no one is capable of stealing the name. I also want to know if trademarking is what it is called to make sure no one can use our name. We also have a logo. Another thing is, is what ever clothing my brand makes is that also covered under this so no one can use it? Please respond ASAP Thank you!

[USPTOvideo]

A trademark is any word, slogan, design, logo, or combination of these things that identifies the source of goods/services and distinguishes them from the goods/services of another company. A trademark can’t stop people from using a name, but it does give you rights against them if they use your name for related goods/services (a “Likelihood of Confusion”). For more on this topic, watch the TMIN “Searching” video. A trademark registration would not protect the clothing sold under the brand.

[whatnottobe]

Can you register a trademark for a website name?

[USPTOvideo]

Yes, but to do so, you must use the web address in a source indicating manner. That is, consumers must recognize it both as a brand name and a URL (think AMAZON.COM, for example). For more information, check out the electronic Basic Facts About Trademarks booklet, found on the Trademarks Basics page of USPTO.GOV. The link is on the left hand side of that page, under “Highlights.”

[Cedric Saunders]

why couldn't they just leave her name as Ameeta Jordan?

[TheGpmdesigns]

I did a search on the internet of the trademark name I want to use and what I found was a company in another country that had the same name, but they added the word "The" between the two words. The company provides a service selling items similar but not the exact same as what I have created. Would this be considered "Likely Hood of Confusion"?

[USPTOvideo]

The proper form depends on your type of mark. For most applicants, the proper form is the Principal Register form found on the TEAS Initial Application Form page on UPSTO.GOV. Cost depends on format: $275 per class of goods or services for TEAS Plus or $325 per class for regular TEAS . Although not encouraged, paper filing is also permitted at $375 per class. A paper form can be sent to you by contacting the Trademark Assistance Center: 1-800-786-9199.

[USPTOvideo]

Yes. Although you cannot register identical marks for identical goods and services, you can register variations of the same mark. So, you can register the standard character mark and then, in the future or even at the same time, file another application to register the special form version of the mark. The one thing you may not do is amend the original application to add a design element---a new filing is required

[fytito]

Thanks for the informative video, but I am still having problems understanding the complete process. I have a name I want to register. The name itself is not tied to any product but I have been using it online since 96 and have proof of use beginning in 98 for a diverse number of personal websites. I want to prohibit anyone to use this name for anything. What forms do I need to fill out and how much will it cost?

[OldTimeGeneralBklyn]

is it possible to register a standard character initially for a good that is currently being sold and then later in time when a logo is perfected and standardized then file for a special form character? even if it is in the future after the standard character is approved? Thanks!