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14:19
How to File a Trademark Application in the U.S. - Part 1by thetrademarklawyer
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TM Newsflash 02: Before You File For Your Trademarkby USPTOvideo
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Uploader Comments (USPTOvideo)
Maria-Claudia Philbrook 4 days ago
Hello, we are concerned about trademarking our logo, and if we should submit the logo in Black and White or in color. We feel that the colors in our logo are very symbolic, but we see that major companies have submitted their logo in Black and White. We understand that if we submit it in Black and White we can change the colors at any time. But what happens if I keep the original colors of my logo.
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USPTOvideo 4 days ago
You don’t lose any rights if you register a trademark in Black and White but only use it with specific colors. The registration protects your mark as it is used with all colors, including your original “symbolic” colors. Registering a mark in Black and White just gives you the option to use other colors, if you decide to do so.
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Cathy Perez 4 months ago
Likly hood of confusion, like Ralph Lauren's Polo collection and the similar US Polo Assn. these logos are similarr many people that don't know about brand names often are confuse due to the use of the logo and the word polo. So why hasn't this been an issue. Or has it?
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USPTOvideo 4 months ago
Thanks for the question, however the USPTO cannot comment on disputes between parties about whether a likelihood of confusion exists.
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tylersnard 7 months ago
Question. I want to register a stage name for myself, a musician. That stage name is already being used by a restaurant on the East Coast. I've been told that it shouldn't be an issue because we offer different services, but can they come after me later once I get famous for "brand dilution?"
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USPTOvideo 7 months ago
@tylersnard
You are correct that, during the registration process, musicians and restaurants are typically considered unrelated services for purposes of likelihood of confusion. Your question about future trademark dilution is a good one, but is not one that we can answer here. You may wish to hire a private practice trademark attorney to advise you. Unfortunately, the USPTO cannot give legal advice or recommend attorneys to hire.
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All Comments (25)
Derek Meyers 1 month ago
I heard they use Grant's tie to signal the winner of Nascar races.
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Meisterfluscher 5 months ago
Idiotic video.
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tylersnard 7 months ago
Loooolll "Wassup wit conf?"
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USPTOvideo 8 months ago
@flakes843 When you apply for a trademark registration through the USPTO, the Office conducts a search of live marks that are either applied for or registered with the USPTO. The Office does not conduct a search of state trademarks or common law trademarks. If another party is claiming that they already have rights in the mark, it may be because they didn’t apply to the USPTO for federal registration. You may wish to consult a private trademark attorney to help you determine your legal rights.
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