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TM Newsflash 06: Goods and Services

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Uploaded on Sep 29, 2011

This video focuses on what is meant by the phrase "identification of goods and services." Failure to identify your goods and/or services correctly may result in major delays in the prosecution of your application. In some cases, an incorrect identification may prevent registration of your mark.

To stay current with the USPTO, subscribe to regular e-mail updates at http://www.uspto.gov/subscribe.

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Uploader Comments (USPTOvideo)

  • Talkofthe Streets

    What about if I have a website that provides entertainment service such as promotional packages through my website?

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  • USPTOvideo

    It depends on what is meant by “promotional packages” and what services are actually being provided. For example, the services might be “promoting the music of others by means of a website featuring videos and interviews with hip-hop artists.” “Promotional” services are classified in International Class 35.

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    in reply to Talkofthe Streets (Show the comment)
  • timemantis

    How do you protect cartoon characters? I was told by a representative at the copyright office that copyright only protects the drawings and text- but not the persona of the character. I was also told copyright doesn't protect the title of the cartoon or the names of the characters. I have created many characters I want to protect.

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  • USPTOvideo

    It sounds like you’re on the right track in attempting to protect your intellectual property. Remember, however, that copyrights protect artistic works and trademarks protect brand names, slogans, logos, and the like. If you use your cartoon characters as “indicators of source” for your goods or services, then a federal trademark registration is a great way to protect them as trademarks. If not, you may not simply “trademark” a character to protect it.

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    in reply to timemantis (Show the comment)
  • Kenneth Pettis

    My company I believe will be both goods and service. We are a entertainment company with rappers and singers and we also will be selling shirts and hats with are logo or company name on it. What is the correct identification I should use?

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  • USPTOvideo

    For specific examples of acceptable identifications, check out the ID Manual: tess2.uspto.gov/netahtml/tidm.­html. Depending on what your actual goods and services are, your IDs might include: “Entertainment services, namely, live performances by singers and rap artists” and “T-shirts; Hats.” The services are classified in International Class 41 and the goods are classified in International Class 25. Keep in mind that each International Class requires a separate filing fee.

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    in reply to Kenneth Pettis (Show the comment)

All Comments (51)

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  • dogg724

    the link doesn't work.

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    in reply to USPTOvideo (Show the comment)
  • USPTOvideo

    You certainly can register a trademark for both your apparatus and the controlling software. Whether or not you have to pay an additional filing fee, however, will depend on the apparatus and whether it is in International Class 9 (where controlling software is classified). Additional fees are required if you apply for more than one International Class. For basic steps and information about how to file an application, start here: uspto.gov/trademarks/index.jsp­.

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    in reply to Omar Mabrouk (Show the comment)
  • Omar Mabrouk

    I have a scientific apparatus that is controlled by software. I want the apparatus and the software to bear the same name (to be trademarked), what steps would I take to do this? Is there additional filing fees because it's on 2 different components of the same apparatus?

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