Wednesday, August 05, 2009

Gonna Keep Going

Looking over the blog's stats I can tell that all the different international classification posts have been fairly popular. Given that, I'm going to keep on keeping on.

I wanted to give my readers a quick summary of the different classes I'll cover as well as any respective issues.

If you see something missing or you have a question (or five) about classes, please comment below & I'll be sure to post about it.

Left off at IC 25, clothing -- any other questions or issues not yet resolved for anyone?

Will write posts about:
IC 28
ICs 29, 30, 31
ICs 32, 33
- geographically deceptively misdescriptive marks (say that three times fast)

Then it'll be time to move on to Services and I'm thinking it'd be a good idea to write a post for each class, from IC 35 to IC 45. As I go along, I'll address any other side issues that seem to come up when talking about these classes. Of course, feel free to ask questions galore in the comments section.

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Anonymous said...

Quick question. Let's say I have a Service Mark class 35 and would like to begin selling shirts manufactured by another but sold by me with my logo on it for the purpose of advertising the service. Is getting an additional class 25 necessary? Do the class descriptions represent physical areas on which the mark has protection or are they descriptions of the products produced and sold by a manufacturer?

Shannon Moore said...

I'm assuming you filed for retail services in class 35. If you're selling clothing with the name and/or logo on the front of the shirt (or pocket or side of the sleeve, etc), the USPTO considers that ornamental usage & therefore would not work as a specimen for the clothing class. Now if the name and/or logo is on the tags, labels, packaging, then you can submit that as a specimen for clothing.

The class descriptions represent the goods/services for which protection is sought for a particular mark (be it name, logo, slogan or some combination thereof).

Hope this helps! Let me know if I can answer any questions. Thanks for checking out the blog!

-- Shannon Moore

Anonymous said...

So let's say that I have a retail store with a Class 35 mark, and I start selling shirts with the mark on them. I don't trademark under Class 25 because they are made by Hanes and the mark is not a true representation of the shirt's source (and they will say that it is ornamentation).

Let's say that I'm giving my customers 10% off who are wearing the shirt. So I don't want anyone wearing the shirt who didn't purchase from my store. If someone else puts the logo on their own shirt, will that qualify for protection, even though I only have a class 35 mark?

And does that apply for the mark on other things? Mugs, bags, logos on trucks, etc...

Shannon Moore said...

If the clothing (or any other tangible good) is going to be that important to you, you might want to look into creating a clothing (or any other tangible good) line. If you're wanting to have exclusive rights to the logo/design as it's used in connection with clothing (or any other tangible good), then a trademark is the way to go.

You can file for a copyright for the image and I'd suggest you do so. The Copyright Office only charges $35 per filing so it's worth the cost. You can file for the copyright but it does not give you exclusive rights to the same design. I know, it's odd. I'd recommend reading this flyer for further detail:

Hope this helps! Let me know if I can answer any other questions.

-- Shannon Moore