OUR TRADEMARK PRACTICE

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We do lots of Trademark Filings, but many clients do their Own

Filing and managing Trademarks can be a tricky process. However, we have seen many non-attorney non-legal clients master this and do their own. There are some excellent YouTube videos which show exactly how to do this. See our YouTube channel here, and then look within our channel for trademark videos.

You got to us early in our site-building process

We are going to add a lot more information about our Trademark abilities, but am still making adjustments to this site. Please check back with us over time, and/or ask us any question.

We also take over Trademark Applications that have somehow gotten into difficulties.

Even for bright intelligent people, things can go wrong in self-filing a Trademark. Problems can come up. Again, 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.

Example Trademarks we have obtained (not a complete listing)

REGISTR#     TEXT


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

ELEMENTS OF A TRADEMARK APPLICATION

Example Specimens

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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 About Specimens

Example IDs of Goods/Services

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Learn more about IDs of Goods/Services, and see examples.

See example IDs of Goods/Services

Discussion of Trademark Searching

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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!

Trademark FAQs

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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.

See Trademark FAQs

Descriptive (bad) v. Distinctive (good)

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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.

Domains are NOT trademarks!

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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.

e-mail your questions to an experienced trademark attorney

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Our responses will be legal info only, not legal advice. No attorney-client relationship exists until you pay a $retainer. Instead, in responding to your e-mail, we are just trying to help you make a decision. No phone calls until you become a paying client.  

AUTHENTIC USABLE IDENTIFICATIONS OF GOODS/SERVICES

These IDs actually worked, and are parts of actual Registered Trademarks.

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. 



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Trademark FAQs

Common Misunderstandings

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 $275 for a Federal Registration.

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