Hello!
I hope your week is going well!
Today I want to discuss another common error individuals make when filing a trademark application without the assistance of a trademark attorney. This error is not choosing the correct identification or class for goods and/or services or not choosing enough classifications to cover all goods and services.
The USPTO has an extensive list of acceptable identifications for goods and services. For example, if you are offering entertainment services, usually your classification number is 041. If you are selling cosmetics, your classification number is 003. It is very important to choose the appropriate classification because if the classification is wrong, the USPTO will reject the application. Furthermore, if you don't include all classifications that apply to your product or services, you will have to file another trademark application to include those classificationss. The following is an example:
I have a barbecue restaurant business but I also sell my famous barbecue sauce. I have one trademark that applies to my restaurant and barbecue sauce. When I submit my trademark application, I would choose classification 043 for restaurant services and classification 030 for barbecue sauce.
The above scenario is less expensive than having to file two separate trademark applications. Each identification filed under one trademark costs $275.00. Whereas, filing two separate applications for each class is $325.00 per application.
However, if you have a trademark for the restaurant and a separate trademark for the barbecue sauce, then you would have to file two separate trademark applications. The USPTO only accepts one trademark per application.
I hope you found this information helpful. If you would like, please share your thoughts.
NOTE: The above fees apply when filing an application online.
Thursday, May 28, 2009
Tuesday, May 26, 2009
When Submitting a Trademark Application: What is an appropriate specimen
Hello!
I hope everyone had a great Memorial Day Weekend!
I am still continuing my "Why You Should Hire a Trademark Lawyer Series." As I have said before, this series is very important because a good percentage of my client base comes from individuals who have attempted to file a trademark on their own.
Another reason, trademark applications are rejected by the USPTO is because they do not include the appropriate specimen. When filing a trademark application based on actual "Use", an appropriate specimen should show that the trademark or servicemark is being used in commerce, i.e., goods or services are being offered or sold to the public.
The following are examples of specimens that are acceptable when submitting a trademark application for products:
1.Product or package labels or tags (for clothing, etc.).
2.Banners, Window Displays, Signs.
3.Catalogs showing the products for sale.
4.Website pages showing the products for sale.
The following are not acceptable specimens for products:
1. Advertisements. Any type of ads, brochures, flyers, etc.
2. Price Lists.
Acceptable Specimens for Services:
1. Advertisements are acceptable here. So any ads, brochures, flyers, etc. advertising the services are appropriate.
2.Company Letterhead. If letter includes an offer for services.
Specimens not acceptable for Services:
1. Memos.
2. Invoices.
3. Business Plans
Remember submitting the wrong specimen can delay your trademark application for 6 months or more. I hope you found this information useful. Please share your thoughts.
I hope everyone had a great Memorial Day Weekend!
I am still continuing my "Why You Should Hire a Trademark Lawyer Series." As I have said before, this series is very important because a good percentage of my client base comes from individuals who have attempted to file a trademark on their own.
Another reason, trademark applications are rejected by the USPTO is because they do not include the appropriate specimen. When filing a trademark application based on actual "Use", an appropriate specimen should show that the trademark or servicemark is being used in commerce, i.e., goods or services are being offered or sold to the public.
The following are examples of specimens that are acceptable when submitting a trademark application for products:
1.Product or package labels or tags (for clothing, etc.).
2.Banners, Window Displays, Signs.
3.Catalogs showing the products for sale.
4.Website pages showing the products for sale.
The following are not acceptable specimens for products:
1. Advertisements. Any type of ads, brochures, flyers, etc.
2. Price Lists.
Acceptable Specimens for Services:
1. Advertisements are acceptable here. So any ads, brochures, flyers, etc. advertising the services are appropriate.
2.Company Letterhead. If letter includes an offer for services.
Specimens not acceptable for Services:
1. Memos.
2. Invoices.
3. Business Plans
Remember submitting the wrong specimen can delay your trademark application for 6 months or more. I hope you found this information useful. Please share your thoughts.
Monday, May 4, 2009
Why I Should Hire a Trademark Lawyer? Comprehensive Search Resources
Hello!
In my previous post, I discussed the number one pitfall individuals make when submitting a trademark application to the USPTO, which is not performing a comprehensive search. In this post, I will explain what a comprehensive search entails and provide a list of resources to conduct the search.
A comprehensive search will gather any information or trademarks that are similar to your trademark. This type of search will include:
A search of the USPTO database, all 50 states trademark databases, company names that have incorporated with the state, trade names, the Copyright Office database, and the internet.
In addition, if you plan to sell your product or service in another country, you can also obtain an international search.
The cost for this type of search for a name only starts at $550.00. However if you want a search performed for a logo and name, the cost is around $950.00. International Searches do require much larger fees.
There are several companies that perform comprehensive searches. Here are a few:
CT Corsearch.
CompuMark
4 Trademark.com
I hope this information was helpful. Please leave a comment if you have any questions.
In my previous post, I discussed the number one pitfall individuals make when submitting a trademark application to the USPTO, which is not performing a comprehensive search. In this post, I will explain what a comprehensive search entails and provide a list of resources to conduct the search.
A comprehensive search will gather any information or trademarks that are similar to your trademark. This type of search will include:
A search of the USPTO database, all 50 states trademark databases, company names that have incorporated with the state, trade names, the Copyright Office database, and the internet.
In addition, if you plan to sell your product or service in another country, you can also obtain an international search.
The cost for this type of search for a name only starts at $550.00. However if you want a search performed for a logo and name, the cost is around $950.00. International Searches do require much larger fees.
There are several companies that perform comprehensive searches. Here are a few:
CT Corsearch.
CompuMark
4 Trademark.com
I hope this information was helpful. Please leave a comment if you have any questions.
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