Thursday, June 25, 2009

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