A blog about a variety of issues pertaining to trademarks written in a non-legalese way.
Search This Blog
That's Not So Groovy, Man
This has got to be one of, if not, the most unusual trademark lawsuit I've ever heard of - well-known chocolate maker, Hershey ® is suing a California marijuana dealer. Read about it here.
Popular posts from this blog
Trademark International Class: Class 35 (Advertising and Business 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. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 35.
What is International Class 35 All About?
Each class has a short title heading that gives a snapshot of what that class is all about -- IC 35's short title is advertising and business services. Pretty vague, eh? The USPTO has 1476 accepted descriptions that fit into IC 35; check them out here.
The first part of IC 35’s description, advertising, is straightforward. If it’s advertising, marketing or promoting services that are being offered, then IC 35 is where it goes. Now there are going to be some exceptions, as with anything related to trademarks. Tangible advertising goods, such as signs, flyers, brochures, are NOT going to be in IC 35 as those items are n…
Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs. For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here. First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs? 1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide? If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark: ·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…
Now that we know what a
trademark is and is not, let’s dive into the next logical question: should you
trademark? The easiest way to answer
this question is to look at your business and your plans for it. -Is the name,
logo, or slogan an integral part of your business? -Are you doing
business on a statewide or nationwide or international level? If you’re only
doing business citywide or countywide, do you see potential for geographical growth? -Would another
business in your industry using the same or similar name hurt your business? In
other words, is it possible you’d lose customers if someone had the same or
similar name in your industry? If you answered yes to any of
the above then exploring a trademark is the way to go. Here’s
what a US Federal trademark gives you: ·A legal
presumption of your ownership of the mark and your exclusive right to use the
mark nationwide on or in connection with the goods/services listed in the
registration (whereas a state registration only provides rights…