If you arrived here from SegmentEQ, then welcome! We hope we can help you!
Even if not from SegmentEQ, we still welcome you. We have done lots of trademarks from scratch, see our (ever-growing) list of successful Registrations below.
PRICING FOR TAKING OVER A TM APP, AND RESPONDING TO AN OFFICE ACTION
- - - - - - - -
Initial Review of Office Action + TSDR: $200. Remember that we have never seen this application before, and must review a lot of detail. We will not review anything for $free.
One exception is if you have bad news coming, we will try to inform you without charging you. Sometimes this is apparent right away, we can occasionally tell when a TM application is beyond repair. We would not feel right taking anyone's money in such a situation, and would likely refund the $200.
Change of International Class: $300
Disclaimer: $400
Adjustments to ID of Goods/Services: $400
Application was abandoned, reasons unclear: investigation-only is $400. The answer may be that you must completely re-file. The $400 must be paid in advance, as these abandonment situations tend to be messy and complex. There may also be urgent filing deadlines, so these situations are like having a hot potato dropped in our lap.
Advise on choosing a better brand, if your situation is un-winnable: $400. There may be no chance we can rescue an existing TM application, as it may be un-recoverable. We know what the US TM Office will accept, and what they won't. See the list of our Registrations below.
Rejection for Improper Drawing (image-mark only): $700, and even then if the defects are severe enough, the errors may be non-recoverable and a completely new TM application is needed.
ITU extension of 6 months: $700 (includes $125 govt fee)
Arguing around Descriptiveness Rejection: $800. It is possible to shift to Supplemental, but if you are an Amazon seller, you do not want Supplemental Registry. Further, not all Rejections for Descriptiveness are Overcomeable.
LoC (Buyer Confusion) Rejection: $900, but not an assurance this is Overcomeable. A completely new TM application may be unavoidable.
Improper Specimens-of-Commerce, including going from AU to ITU back to AU again: $1300 (includes $100 AU fee). This is usually such a large defect that you may be better off abandoning the application entirely and hiring us to file a completely new TM application.
Filing an entirely new TM application: $2000 flat fee. This will include our reviewing your Specimens, your brand's level of Descriptiveness, and other dangers, and where possible a brief search of the US TM database.
Federal Trademark Law, and Federal Branding Law, are tricky and non-logical, non-intuitive. They require some understanding of brand-psychology, and this is difficult.
1) All prices include making us the law firm Of Record in the application. This is Required for us to be involved.
2) All Fees are non-Refundable.
3) pay-in-advance only
4) no guarantee or certainty our efforts will be successful, no payments contingent upon success
MOST COMMON REJECTIONS THAT ARE OFTEN NON-RECOVERABLE (fatal)
1) improper Specimens. We are sympathetic, as Specimen-requirements are difficult.
But recovering from a bad filing like this is really a lot of work. We charge a LOT in this area, see below.
2) improper choice of brand, overly Descriptive, failure to understand importance of having a Distinctive brand, and avoiding a Descriptive brand.
We see this all the time. This is often fatal, at best you get stuck on the Supplemental Registry, which means Amazon will disregard your Registration. Many really smart people get stuck on this one, and get very angry with the trademark statutes.
LoC (Buyer Confusion). These are sometimes Overcomeable, but often not.
MOST COMMON REJECTIONS THAT MAY BE RECOVERABLE
ID of G/S, Disclaimer, chose the wrong Class, problems with drawings (image-marks only)
MOST DIFFICULT TM MESS TO CLEAN UP
Improper Specimens, by far. Where the Specimens-of-Commerce are erroneous, we the Counsel are typically required to compel our own client change their e-commerce website, and most clients don't see the need. A lot of hostility occurs. This situation puts us the Counsel in a position where we must push and coerce our own client to take action that they don't like doing, changing their website and other areas. Even when they change their site, they often still don't change in a way that is compliant. Further, their web-provider often refuses to make he needed changes, only makes them part-way, or refuses to cooperate without being paid more. The Counsel is caught in the middle of multiple resisting parties. We see this a lot.
OUR PREFERENCES
Do NOT file using Intent-to-Use. We have a strong preference for Actual Use filings, they are better for the client, the owner, the attorney, and also the TM Examiner.
When we tell you to change your e-commerce site or we can't file, you have to change your site. The law is the law. If you do not have control over your e-commerce presence, then you probably shouldn't be applying for TM Registration in the first place.
REGISTR# TEXT
6891196 RACE TALK
7101534 PODAGOGY
6975141 GHOST ROCK
6951326 ZABI WET-CLEAN
6831509 INTERNET TAKEOVER
6785759 EVOGOLD
6791068 ZABI
6734360 GHOST ROCK
669834 KICK-ASS-DEGREASER
6698324 SEAL 'N LOCK
6689957 ULTRA LOCK +
6612266 NOTEABLE
6546375 C COGS
6546334 COGS
5774381 LEATHER LEX
6115345 BEACH ATHLETIC
6066754 MOON PICKS
6033593 FITNESS FRAME MERMAID
6017462 ELSA J
5971708 SIGMA NU TAU HONOR SOCIETY
5925180 NATURAL NIPPLE
5872484 FEELS SO GOOD
5861362 BUMPPROTECT
5497737 ULTIMA
6016101 NUBEAUTI
5980562 JUCO PRODUCT
5766857 BEAUTI ME
5633721 VERAPY
5629029 XERO PICKS
5610277 OAK & TWINE
5557428 STUNNING VIEWS
5528501 COLLEGIATE ENTREPRENEURS' ORGANIZATION
5497737 ULTIMA
5496512 CEO
5496511 CEO
5484862 ENVISIONED
5484858 ENVISIONED
5416977 BROOKETHORNE NATURALS
5385164 BEARDS AND BEERS LOUISVILLE
5322422 TROUBLED PAST CLOTHING
5289724 GOT ME TIPSY
5195178 FUTURE TECH COATINGS
5122890 IN THE PAST LANE
5132243 ROBERT YOUNG
5118142 ULTRA-WET-LOOK
5075460 NATURAL-LUSTER
5075459 EFFLO-REMOVER
5118141 BIO-STRIP
5084012 THE FIRST 'ALL IN ONE DAY' PROCESS
4810969 GEL COAT LABS
4775358 PREMIUM FINISH CARE
5067691 BEARDS AND BEERS
4870572 STAY AT HOME SOLDIER
4711585 COLLECTORTETHERS.COM NHRA ACCEPTED
4742361 BONDTECH
4395691 SONÜS THE PERFECT SHINE
4395687 ULTIMA
4395685 FOUR STAR 4
4019076 POLYCHARGER
4658304 WEBRECON
2863873 CNCGCODER
3991635 GATORMADE
4000344 GATOR-TUFF
Even for bright intelligent people, things can go wrong in self-filing a Trademark. Trademarks are tricky instruments, and can be complex. If you have started the process, and want us to take it over, we can do that, and will try to keep it affordable. However, certain costs are inevitable. See our Price List above.
A lot of our clients work with Amazon, and Amazon is one tough environment for Sellers. Amazon has also start making a real effort to better police their marketplace for fraud and abuse, copying, and other types of business-malfeasance. Amazon is now requiring that their sellers have some type of Federal Trademark Registration. As a trademark law firm, we welcome this requirement, but note that it will result in a lot of headache and disappointment for Amazon-Sellers that are not properly informed prior to filing.
This law firm works with several clients that have an Amazon presence, and we think this is one of the best routes to success for our client-base. We work with a lot of independent inventors with limited budget. However, while Amazon is very buyer-friendly, Amazon is also very Seller-hostile.
Please let us know if we can provide further information on our Trademark services, including contacting us by text at 850.692.eight-two-one-one.
China recently changed their laws and in some way have subsidized the filing of USA trademarks. Further, the US Trademark Office recently changed their filing practices to make many China-based entities be forced to engage with US Counsel to complete their filing. This law firm can accommodate working with China-based clients, the time-differences, language-differences, etc. All foreign-owned business that sell goods or services in the United States have a right to file for Trademark Protection in the United States. Amazon's forcing of higher visibility and usage of Trademarks has also affected China-based entities. 中国最近改变了法律,并以某种方式补贴了美国商标的注册。 此外,美国商标局最近改变了其备案做法,以使许多在中国的实体被迫与美国法律顾问联系以完成其备案。 该律师事务所可以为中国客户提供服务,包括时差,语言差异等。所有在美国销售商品或服务的外资企业都有权在美国申请商标保护。 亚马逊强迫提高商标的可见度和使用率也影响了总部位于中国的实体。
As Trademark Counsel for a lot of different companies and entities, we often get asked about Specimens-of-Commerce. These are difficult, non-intuitive, there are a lot of ways to make mistakes.
Below is a guide to Trademark Specimens, trying to take the dry language of the Trademark Method of Examination and Procedure statutes, and make it more ordinary English. However, this location also displays lots and lots of example Specimens we have done that have resulted in a successful Registration. It also contains some example guidance we have sent to other clients, when their Specimens were clearly non-compliant, but repairable.
This Specimen Guide will be first divided into "acceptable" (TMEP 904.03) and "non-acceptable" (TMEP 904.04) examples. Next, the "acceptable" Specimens will be further divided into Specimens for Goods, and then for Services. These are different, they look different, and have different rules.
BEGIN ACCEPTABLE SPECIMENS
GOODS
A photo showing your trademark on the bottom of a coffee mug or on the cover of a software instruction manual.
Labels and tags for the goods
For example, you could submit a photo showing your trademark on a label sewn on the neckband of a t-shirt, a photo of the goods showing your trademark on a label.
A label or tag that is not shown physically attached to the goods may be accepted if, on its face, it clearly shows the mark in actual use in commerce. To clearly show actual use in commerce, the tag or label would, in addition to showing the mark, include informational matter that typically appears on a label in use in commerce for those types of goods such as net weight, volume, UPC bar codes, lists of contents or ingredients, or other information that is not part of the mark but provides information about the goods.
Packaging for the goods
For example, you could submit a photo showing your trademark on a laundry detergent box.
Sales displays where the goods are sold
For example, you could submit a photo of a counter display showing your trademark along with hair-care products in a beauty salon that uses those products.
Webpages selling the goods
For example, you could submit a screenshot or printout of a webpage showing a necklace for sale, the trademark on or in close proximity to the necklace, the price, and a shopping-cart button. You must include the URL and date you accessed or printed the webpage in your submission. You can include it in your screenshot or printout.
Software as goods
For example, you could submit a screenshot of a software launch screen with the trademark in an introductory message box, or a screenshot of a webpage with enough information to download the software and the trademark appearing in the title bar.
SERVICES
Online advertising or printed matter showing a direct link association between your trademark and the services. For example, you could submit a photo or screenshot of a newspaper or online advertisement for financial investment services.
Television and radio commercials for the services
For example, you could submit an MP3 file of a television commercial for laboratory testing in the field of genetics and ancestry.
Marketing material showing a direct association between your trademark and the services
For example, you could submit a scanned copy of brochures and leaflets advertising or marketing various hospital services.
Signage where the services are rendered
For example, you could submit a photo of business signs on the front of a grocery store.
Material used in the providing/rendering of the services
For example, you could submit:
A photo or scanned copy of a menu for restaurant services
A photo of a band performing on stage with the band's name displayed during the performance (e.g., the band name on the band's drum) for live musical entertainment services). A screenshot of the title and launch screens for ongoing television programs and video game entertainment services.
Invoices showing a direct association between your trademark and the services
For example, if your services are printing and copying services, you could submit a photo or scanned copy of an invoice showing your trademark that includes the wording COPY SHOP) at the top of the invoice.
Business cards and letterhead showing a direct association between your trademark and the services
For example, you could submit a photo or scanned copy of business cards and letterhead that indicate you provide publishing services.
There are many non-obvious ways to screw this up. The most famous rejection is "mere advertising". That is, a specimen that is only advertising for goods is unacceptable, such as:
A webpage with insufficient ordering or purchasing information
A webpage for downloadable software with no means to download or purchase the software.
Any specimen which does not show the trademark in the drawing is unacceptable.
Any specimen which:
Does not show the trademark clearly; it is illegible
Does not show the entire trademark (shows only a part of the trademark in your drawing)
Does not show the exact trademark in the drawing, but a variation of it.
Specimen does not show trademark use with the Specific goods or services identified in the Federal TM application
For example, the application identifies t-shirts as your goods, but the specimen shows your trademark advertising your custom t-shirt printing services. A service is not goods,
and goods are not a service. This person likely wasted their $275 filing fee.
Specimen does not show your own use of the trademark
For example, your specimen is a press release sent exclusively to news media or your specimen is a printed article resulting from such a release.
Specimen is not in actual use in commerce
For example, your specimen:
Is a printer’s proof
Is a digitally created or altered image or mock-up
Is material used only to conduct your daily business of selling goods (e.g., packing slips, business stationery, order forms, waybills, and bills of lading)
Is a webpage that doesn't include the URL and date accessed/printed
Any specimen that overtly Demonstrates that the goods have not yet been sold or transported (e.g., pre-sale orders for goods not yet available).
Make sure your Specimens focus on Commerce! After all, they are called "Specimens of Commerce". Also, err on the side of too many trademark Specimens, rather than too few. Click the button below for ~50 example (successful) Specimens. There are a lot of ways to get Specimens WRONG, so be careful!
Learn more about IDs of Goods/Services, and see examples.
Trademark search results are often mis-interpreted, both for patents and for trademarks. Also, the US Trademark Office search engine works differently than the WIPO search engine. Its best to understand both!
We get the same questions over and over again. Trademarks are actually kind of difficult to understand, and do not always make logical sense. We address several popular recurring questions below.
If there is one thing we wish our Trademark customers would work harder to understand, it would be the difference between a DISTINCTIVE mark (good) and a DESCRIPTIVE mark (bad). This is one of the hardest aspects of Trademark Law to understand.
Don't get these mixed up. ICANN could not care less about the US Trademark Office, and the US Trademark Office could not care less about ICANN. Domains and URLs are obtained by a very different process than Trademark Registrations.
Anyone with even the slightest interest in the trademark process, and in branding law, needs to know the 45 different trademark Classifications (classes for short). If you are seeking to protect your brand, it is absolutely required that you know which of these classes is closest to your product or service.
Further, if you are getting ready to discuss a trademark with an attorney, or try to file yourself, using e.g. LegalZoom, you will need to select a Trademark Class. Accordingly, below is current listing of the most current trademark Classes. If you work with this law firm, it is the first thing we will ask you. What Class are you In? The US Trademark Class system is divided between Goods (classes 1-34) and Services (classes 35-45).
GOODS
CLASS 1 (Chemicals)Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; bilogical preparations for use in industry and science.
CLASS 2 (Paints)Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
CLASS 3 (Cosmetics and cleaning preparations)Non medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.
CLASS 4 (Lubricants and fuels)Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
CLASS 5 (Pharmaceuticals)Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
CLASS 6 (Metal goods)Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
CLASS 7 (Machinery)Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
CLASS 8 (Hand tools)Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
CLASS 9 (Electrical and scientific apparatus)Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
CLASS 10 (Medical apparatus)Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
CLASS 11 (Environmental control apparatus)Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
CLASS 12 (Vehicles)Vehicles; apparatus for locomotion by land, air or water.
CLASS 13 (Firearms)Firearms; ammunition and projectiles; explosives; fireworks.
CLASS 14 (Jewelry)Precious metals and their alloys; jewellery, precious and semi-
precious stones; horological and chronometric instruments.
CLASS 15 (Musical instruments)Musical instruments.
CLASS 16 (Paper goods and printed matter)Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks.
CLASS 17 (Rubber goods)Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.
CLASS 18 (Leather goods)Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
CLASS 19 (Non-metallic building materials)Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
CLASS 20(Furniture and articles not otherwise classified)Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
CLASS 21 (Housewares and glass)Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
CLASS 22 (Cordage and fibers)Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
CLASS 23 (Yarns and threads)Yarns and threads, for textile use.
CLASS 24 (Fabrics)Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
CLASS 25 (Clothing)Clothing, footwear, headgear.
CLASS 26 (Fancy goods)Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
CLASS 27 (Floor coverings)Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
CLASS 28 (Toys and sporting goods)Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
CLASS 29 (Meats and processed foods)Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; oils and fats for food.
CLASS 30 (Staple foods)Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice (frozen water).
CLASS 31 (Natural agricultural products)Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
CLASS 32 (Light beverages)Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
CLASS 33 (Wines and spirits)Alcoholic beverages (except beers).
CLASS 34 (Smokers' articles)Tobacco; smokers' articles; matches.
SERVICES
CLASS 35 (Advertising and business)Advertising; business management; business administration; office functions.
CLASS 36 (Insurance and financial)Insurance; financial affairs; monetary affairs; real estate affairs.
CLASS 37 (Building construction and repair)Building construction; repair; installation services.
CLASS 38 (Telecommunications)Telecommunications.
CLASS 39 (Transportation and storage)Transport; packaging and storage of goods; travel arrangement.
CLASS 40 (Treatment of materials)Treatment of materials.
CLASS 41 (Education and entertainment)Education; providing of training; entertainment; sporting and cultural activities.
CLASS 42 (Computer and scientific)Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
CLASS 43 (Hotels and restaurants)Services for providing food and drink; temporary accommodation.
CLASS 44 (Medical, beauty and agricultural)Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
CLASS 45 (Personal and legal)Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.
The below list is to give example IDs to work from. While there are many sites to help people with elements of trademarks, but very few give decent advice on how to properly frame an Identification of Goods/Services.
IC 009. G & S: Augmented reality software for use in mobile devices for integrating electronic data with real world environments for the purpose of physical therapy; Virtual reality glasses; Virtual reality headsets; Virtual reality software for medical teaching; Virtual reality software for physical therapy. FIRST USE: 20170509. FIRST USE IN COMMERCE: 20181004
IC 040. G & S: Sewing; custom embroidery services; screen process printing, namely, mitography, silkscreening, and fabritecture; vinyl printing and plotting services.
IC 016. G & S: Art paintings suitable for framing and hanging; photographic art prints suitable for framing and hanging; art pictures on canvas; wall murals; vinyl letters and numbers for use in making posters; framed prints; acrylic art prints; dry erase art prints.
IC 041. G & S: Educational services, namely, conducting conferences and workshops in the fields of business and entrepreneurship; Enabling college and university students the opportunities to network with student peers and with fellow entrepreneurs in the business world thereby promoting entrepreneurship through educational services, namely, conducting global conferences for collegiate level students and their faculty advisors from around the world thereby facilitating networking with other entrepreneurial-minded students including presentations from seasoned and nascent entrepreneurs, subject matter experts and fellow students; Educational and collegiate services, namely, assisting colleges and universities in helping students achieve entrepreneurial goals through course work and classes on the subject of business skills and starting new businesses; Educational services, namely, facilitating experiential education by providing internships and apprenticeships in the field of business.
IC 003. G & S: All-purpose cleaners; Automobile polish; Automobile polishes; Automobile and car wax preparations; Automobile tire cleaning and polishing preparations; Biotechnological chemical and spray cleaners for industrial and household applications such as stain removal, odor elimination, and bioremediation of many types of organic and hydrocarbon-based materials; Carnauba wax for automotive use; Carpet cleaners; Carpet cleaners with deodorizer; Carpet shampoo; Cleaning preparations for automobiles; Glass cleaning preparations; Kits for removing scratches from automotive finishes and metal trims comprised of buffing compound for automobiles and also including wool buffing pads; Leather cleaning preparations; Leather preserving polishes; Metal polishes; Metal polishing and cleaning preparations; Polymer sealant for cleaning, shining and protecting automobile exterior surfaces; Preservative creams for leather; Waterless spray for the cleaning and waxing of vehicles; Automobile cleaners; Automobile wax; Automobile carpet and upholstery cleaning preparations; Automobile, tire, glass and wheel cleaning preparations; Glass cleaners; Non-medicated waterless soap; Upholstery cleaners.
IC 041. G & S: Educational services, namely, conducting conferences and workshops in the fields of business and entrepreneurship; Enabling college and university students the opportunities to network with student peers and with fellow entrepreneurs in the business world thereby promoting entrepreneurship through educational services, namely, conducting global conferences for collegiate level students and their faculty advisors from around the world thereby facilitating networking with other entrepreneurial-minded students including presentations from seasoned and nascent entrepreneurs, subject matter experts and fellow students; Educational and collegiate services, namely, assisting colleges and universities in helping students achieve entrepreneurial goals through course work and classes on the subject of business skills and starting new businesses; Educational services, namely, facilitating experiential education by providing internships and apprenticeships in the field of business.
IC 020. G & S: Non-metal cable clips.
IC 022. G & S: Nylon cable straps, cinch straps, ties, and reusable ties for fastening and securing power cables together.
IC 025. G & S: clothing, namely, T-shirts and long-sleeved shirts; hats, namely, beanies with and without cuffs.
IC 041. G & S: Entertainment services, namely, an ongoing series featuring history, historical settings, historical dramas, historical personalities, historical documentaries, historical subjects, current events, politics, travel, science, public history, museums, historians, interviews, culture, books, film, television, and performing arts provided through internet streaming, podcasts, webcasts, videocasts, blogs, and vlogs.
IC 041. G & S: Educational services, namely, developing online and in-person training programs in the nature of classes, seminars, and workshops in the fields of business, entrepreneurship, management, and personal development; research services in the field of education; arranging and conducting business leadership seminars in the fields of entrepreneurship, management, and personal development; conducting research in the field of education; providing training, namely, business training; business training services and consulting on leadership development training, namely, developing customized leadership and executive development programs, providing executive coaching services, and providing business education training programs to employees and executives; business training services in the fields of leadership development, institutional behavior and culture, values-based business leadership, and ethical business conduct and communications; educational services, namely, arranging, organizing, developing, and conducting conferences, seminars, lectures, workshops, podcasts, webcasts in the nature of non-downloadable webinars, and training in the nature of classes, seminars, and workshops in the field of leadership development, corporate and social values, institutional behavior and culture, values-based business leadership, and ethical business conduct and communications.
IC 002. G & S: Penetrating sealer coatings for use on paving stones, concrete, and masonry.
IC 010. G & S: autoclaves for medical use, namely, autoclaves for infectious medical waste treatment and autoclaves for medical waste management.
IC 009. G & S: Computer software for calculating the value of solar photovoltaic systems; Downloadable software for calculating the value of solar photovoltaic systems.
IC 035. G & S: Data management services for use in debt collection, namely, electronic data collection and on-line claims management.
IC 003. G & S: All-purpose cleaners; Automobile and car wax preparations; Automobile carpet and upholstery cleaning preparations; Automobile cleaners; Automobile polish; Automobile polishes; Automobile tire cleaning and polishing preparations; Automobile wax; Automobile, tire, glass and wheel cleaning preparations; Automotive cleaning preparations; Biotechnological chemical and spray cleaners for industrial and household applications such as stain removal, odor elimination, and bioremediation of many types of organic and hydrocarbon-based materials; Carnauba wax for automotive use; Carpet cleaners; Carpet cleaners with deodorizer; Carpet shampoo; Glass cleaners; Glass cleaning preparations; Kits for removing scratches from automotive finishes and metal trims comprised of buffing compound for automobiles and also including wool buffing pads; Leather cleaning preparations; Leather preserving polishes; Metal polishes; Metal polishing and cleaning preparations; Polymer sealant for cleaning, shining and protecting automobile exterior surfaces; Preservative creams for leather; Upholstery cleaners; Waterless soap; Waterless spray for the cleaning and waxing of vehicles.
IC 009. G & S: BATTERY-OPERATED HANDHELD COMPUTING DEVICES, NAMELY, PERSONAL DIGITAL ASSISTANTS, FOR MANAGING THE UPLOADING AND DOWNLOADING OF GCODE SEQUENCES BETWEEN A STATIONARY COMPUTER AND A COMPTUERIZED NUMERICAL CONTROL (CNC) MACHINE TOOL CONTROLLER
IC 041. US 100 101 107. G & S: ADMINISTRATION OF QUALIFICATION AND CERTIFICATION PROGRAMS FEATURING THE DESIGN, SETTING, AND ADMINISTRATION OF CERTIFICATION EXAMINATIONS IN VARIOUS PROFESSIONAL FIELDS NAMELY COMPUTER TECHNOLOGY, REAL ESTATE, PARALEGAL, NURSING, AND MEDICAL ADMINISTRATION
IC 012. US 019 021 023 031 035 044. G & S: TRAILERS, EXCEPT BOAT TRAILERS, NAMELY, UTILITY TRAILERS, GOOSENECK TRAILERS, CATTLE TRAILERS, AND INDUSTRIAL TRAILERS, NAMELY, FLATBEDS.
1) What is the difference between TM and R in a circle?
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Anyone can mark their expression TM, as this is a "common law" designation and does not require any attorney or paying any fees. Meanwhile, an R in a circle connotes a Federal Registration. These are harder to get, but worth having.
2) Is it OK if I mark my brand with TM?
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Everyone should do this, its known as "Common Law" protection, as opposed to a Federal Registration (R in a circle). Marking TM is a start, its free, and it shows intent. Could come in handy later, but the best protection is a Federal Registration (R in a circle).
3) I did a trademark search and didn't find anything. Is the Mark mine to use?
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Do not assume that, do not make any assumptions. People misunderstand trademark search results.
4) I am really in love with a single brand, and I insist on using it even though I did a search and someone else is using a Mark very similar.
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We hear this all the time, and the people that use this logic deserve every piece of misery that happens to them. This is the worst, dumbest, most stubborn strategy, and we have never seen this be successful. People like this often get takedown notices, 10-day letters, and threats of Court Orders and Injunctions. And they deserve it.
All businesses, whether large or small, should have at least 5 brands, and should be prepared to assert varying brands in varying market conditions for varying products. No business, large or small, should ever commit to exactly and only one single brand. Its too dangerous. Brands can be taken away, even with good protection.
5) Should I file for a state Mark, or should I do a Federal Registration?
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Federal. State marks are a vestige of the past, almost never a good investment. Only in rare circumstances that are not worth explaining. Any business that transacts over the Internet should not use State marks, especially not when Federal Registrations only cost $275 and are oodles more powerful.
6) My bitch ex-wife has her heart set on getting a Federal Registration for her brand. Can I Register this expression ahead of her, to prevent her from getting it? I hate that bitch!
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No. This is a federal offense. The odds are extremely good that you will get Busted for trying this. The consequences can be severe. Yet, it is amazing how often we get asked this!
7) Should I file for a Federal Registration, or should I do an International Registration using Madrid Protocol.
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Depends: will you be selling a lot of goods internationally? And you can afford the expense of International Registration? The International fees and hassle are quite a bit more than the $350 Govt fee for a Federal Registration.
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