Skip to main content
Any Requests?

I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.

Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions.

Thanks! I'll be back soon!


Marvin said…
Hi Shannon,

I would like to know what a graphic, logo design, and marketing company should file under-trademark or service mark? If it is a service mark, can the TM still be used?

Also, can a state or federal trademark be registered with a sole proprietorship?

If I have a sole proprietorship, can others register a corp. or LLC with that very same name?

Shannon Moore said…
Hi Marvin,

Thanks for your comment & for reading the blog!

Logo & graphic design services are in IC 42 whereas advertising & marketing services are in IC 35.

Yes, a sole proprietorship can be the owner of a trademark, regardless if State or Federal.

No regardless of the ownership, another company cannot file the same or similar name within your industry if you have prior trademark rights. Of course with anything trademark related there could be some exceptions (e.g. if the other company can prove they were using the name longer than you in a specific trade area), but this is the general rule.

Be sure to have your comprehensive research conducted prior to filing. If there are any other questions I can assist you with, please let me know.

Thanks again!

-- Shannon
Marvin said…
Hi Shannon,

Thanks so much for your help!

I do have a few more questions,

Can I use the TM symbol even though I am providing services?

My business is a sole proprietorship. The form asks, Name of Registrant (Owner of the Mark).

Should I put my name or my business name?

Also, I can only state 1 classification number per form. I require 2 classification numbers (IC 42 and IC 35)

Should the forms be mailed seperately?

Thanks again
Shannon Moore said…
Hi Marvin,

You're so welcome!

Yes, you can use the TM symbol even though you're offering services. Most do use that symbol as it's more widely recognized.

You should list the name of your sole proprietorship, which could be your personal name or the company name. It's going to depend on how you're organized.

It doesn't sound like you're completing the Federal trademark form as you can list as many classes as you like & it's done electronically. What state are we talking about here? Once I know what form to look at, I can probably assist you better.


-- Shannon

Popular posts from this blog

Trademark 101: State Trademark or Federal Trademark?

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…

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…