Woah. I've been holding off doing commerce because I thought releasing the name publically might leave it open to being stolen. Not real likely, but I like the name I've chosen. From what you're saying, having the name in commerce simplifies the application process. Would not have known that. Since USPTO cares about that, and the date, perhaps that usage in commerce has some bearing on who can own a given name. Thanks for going over this. The video helps us form the right expectations.
Thank you for this information, I find it very helpful. Though I'm not sure about doing a google search due to the security of being able to obtain my trademark without any issue. Google is a public forum and could risk the ability to trademark, wouldn't it?
Question 1: Can I file/register a trade-name only without yet having a graphic image established? Question 2: Are there drawbacks to filing your tradename as a DBA/fictitious name with your state before doing the USPTO trade-name filing? Question 3: I'm getting the sense that an active business might go to the well several times on this ... which sounds expensive. Is it possible to pay an attorney to do the first one for you and then take over for yourself with additional filings in subsequent years? Do people do that?
If you are just filing on the name, you don't need an image or graphic. I don't see any overlap issues with DBAs. Hm I think some people do that, hire for the first one and then do themselves later, especially if related.
Hi Elizabeth, I'm in the process of filing my trademark application and your videos are so helpful! So, THANK YOU! I have a question about what you said on performing a Google Search. I'm intending to sell kitchen and home products on Amazon only. I do not intend to extend to a physical location or have my own website. However, there is a business somewhere in NY that has the same name and do sell home products. There is no registered trademark on this name though. Do you think I risk getting my application rejected because of that?
It might, since that comes up on google. The other company has common law trademark rights in New York, so you may end up needing an agreement with them to address each side's rights
Thank you for sharing 🤩 .. Would providing a picture of my product with a decal sticker (branding) of the name on it be acceptable when submitting for Trademark as "IN USE" AND/OR Business card?
Hm a trademark is for a brand that connects a product/service to the source of the product/service, in the eyes of consumers, so typically a holding company would not have a trademark on its own name (because it does not sell anything)
Thank you Elizabeth for your informatory video. I have a question regarding intent to use that if we do not have a product with trademark printed on it and not have a personal website but we do have Amazon listing of the said product along with trademark, So is this screenshot of Amazon is allowed to use as intent to use on the basis of filing 1(b)?
I'm starting a google search and see people already using that name. I also see some with different spelling of it and services may be similar but not quite exact as what class I want to trademark. Are there rules on the name and area it is filed? I see multiple businesses using practically the same name and wondering why that can be done... I'm questioning whether I should even DBA/trademark this name.
thanks for your video I'm wanting to file for my apparel business but the buisness matches with a restaurant buisness when I search the USPTO website do I have to change my business name or would it get rejected?
Hello Elizabeth. If I do not trademark for a clothing, blankets and toys brand business name, is it at risk of being sued in the future? Also do you recommend a DBA? If I make an LLC, can the business name be protected by the LLC name or dba bame and if I use the LLC one dba name on a website is it protected since it has been filed? And if I do one or two classes to save Money when trademarking does that protect the brand name for all classes?
It is possible that if you don't get a trademark, you would only have rights in the states/locations where you make continuous sales, so someone else could get the rights and the trademark for everywhere else. You need a DBA if required under state law in that state. If you do in one class it does not protect in all classes -- only if they overlap
please create the video about how to change or add classes on uspto trademark on their website. i try to Request a change to application before it’s assigned to an examining attorney section and it started asking me so many confusing question , so please please please help me to add more classes for pending trademarks . its been 4-5 months that i submitted my application and trying to add more class because i choose the wrong. i watch your all video since last year. thank you so much .
