TM Newsflash 05: Drawing
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Uploaded on Dec 1, 2011
This video focuses on what is meant by the term "drawing." Because you may amend your mark "drawing" only in rare circumstances during the application process, it is critical that you understand this concept before filing.
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Uploader Comments (USPTOvideo)
TheGpmdesigns 1 month ago
I did a search on the internet of the trademark name I want to use and what I found was a company in another country that had the same name, but they added the word "The" between the two words. The company provides a service selling items similar but not the exact same as what I have created. Would this be considered "Likely Hood of Confusion"?
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USPTOvideo 1 month ago
Unfortunately, we cannot answer that question. The USPTO is prohibited from providing advisory opinions about the registrability of marks. We only can determine likelihood of confusion after an application is filed. You may wish to consult with a private trademark attorney for advice. Note, however, that likelihood of confusion with a mark in another country would only become an issue for the USPTO if the foreign applicant had filed or registered the mark at the USPTO.
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PatriotWatchUSA 1 month ago
I fully understand your reply but I have to take a chance.
If I wanted to call my company
A & B
can someone else come and be granted
A and B
or do I have to register them both?
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USPTOvideo 4 weeks ago
A slight variation between marks would not allow another party to register on top of yours, if your goods/services are related to each other (e.g., shoes and shirts). If the goods and services are unrelated (e.g., shoes and laptops), though, two similar marks can register. With regard to you registering alternate versions of your mark, remember that trademark rights are based on use, so, to register, you must either be using or have a bona fide intent to use the alternate versions.
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theBlakeBennett 2 months ago
I have a logo with a name that i want to trademark, I think i would need the special form mark but can i use it in white on black backgrounds and black on white backgrounds? Would i need to do two separate ones?
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USPTOvideo 1 month ago
An application drawing that is submitted in black and white gives you the ability to use the mark in any color you want, including white on black and black on white. So, unless you want to claim particular colors for a mark, there’s no need to apply for both versions. Please note, however, that for submission purposes, the USPTO prefers the drawing to be in black on a white background.
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Top Comments
Cedric Saunders 9 months ago
why couldn't they just leave her name as Ameeta Jordan?
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Alethea Etinoff 2 months ago
Very informative. I wish there were more step-by-step guidance with the paperwork.
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All Comments (24)
USPTOvideo 2 months ago
The choice of whether to file for just the name or to also file for the abbreviation is up to you. It really depends on how you will be using and marketing the brand. If you’ll be using both to market your goods and services, you might want to have both versions protected. Ultimately, however, that’s a business decision and the USPTO cannot advise you on whether to file for both.
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Kenneth Pettis 2 months ago
I have a question if I'm filling my trademark name should I file an separate application for its abbreviation that may appear on goods or to market services? For Example did Playstation 3 file twice once for the name Playstation 3 and one for PS3.
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chomie3 3 months ago
Yeah! I didn't get that. I mean it's not fiction, so why not play herself? Unless they are trying to come up with a fictional character to use in all their videos.
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