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TM Newsflash 02: Before You File For Your Trademark

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Uploaded on Sep 30, 2011

This video provides an overview of the most important issues you should be aware of when filing a trademark application. It covers such topics as trademark availability searching, ownership information, differences between drawings and specimens, identifications of goods and services, and filing bases. Failure to understand these topics can create major deficiencies in your application or result in an application that is void from the start.

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)

  • mamomin55

    Great video! I have a questio, what if I am not using the name in commerce during filing, but will be using it well before any approval from the USPTO. Should I fill "use in commerce" or "intent to use"?

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  • USPTOvideo

    Thanks! Glad you like the video. If you are not yet using the mark in commerce when you file, you won’t be able to comply with the “use in commerce” requirements (e.g., submitting dates of use and a specimen of use). Therefore, you should file under an “intent to use” basis. When you do start using the mark in commerce, you can then submit an Amendment to Allege Use, which amends the basis to “use in commerce.”

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    in reply to mamomin55 (Show the comment)
  • misspunkdior

    Hello, nice video. I would like to trademark a name of a website/tv show/internet show. I am not selling products, it is education information, like the History Channel for example. Is the History channel considered a service? I checked and it looks like my name is available. According the website the code is [ST] Status (A). Does this like I am on the right track?

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  • USPTOvideo

    Television channels do provide services, often identified as “Production of broadcast, cable, and internet television programs.” If you’re trying to register the name of a show, the identification wording depends on the subject matter of the show: “Entertainment services, namely, a continuing program featuring art history delivered by television, satellite, and the internet.” For more information about whether your mark is “available,” watch the TMIN Newsflash video #3: Searching.

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    in reply to misspunkdior (Show the comment)
  • AndreeaLEO86

    what if i am selling my art on my website? and other related goods, where I will put my mark on those items as well? I'm selling the "goodies" on my site so does that mean I need to file for goods and services?

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  • USPTOvideo

    The choice of whether to register your trademark is up to you. You can file for the main items you sell on your website and also for the “goodies.” Use the ID Manual (atlas/netahtml/tidm.html) to search for the proper identification terminology and International Class. For example, “Art prints; in Class 16,” “Works of art made of wood; in Class 20,” and “Online retail store services featuring art prints and sculptures; in Class 35.” For more info, email TMIN@uspto.gov.

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All Comments (28)

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  • UrbanHorizon4Life

    Why are the actors given other names?? Why can't their own names be used, just wondering.

    It seems so, ludicrous.

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  • USPTOvideo

    Thanks, jlawrodgers. To register a mark for different goods and services, you simply identify each type of good or service in the application. Remember, though, that goods and services are often in different International Classes and you have to pay for each Class. “Live performances by a musical band” are in Class 41, “Prerecorded CDs featuring music” are in Class 9, and “T-shirts” are in Class 25. For more info, watch TM Newsflash 6 and/or email TMIN@uspto.gov.

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    in reply to jlawrodgers (Show the comment)
  • Vasudevan Panicker

    This must be a joke...

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  • hurttivuori

    Not sure that's what they were going for...

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