I'm not sure if this is the right place to put this, so I'm sorry, Rodney, if it's not...
Our company would like to use a particular tagline, but it's being used with at least three other companies, according to the Trademark Office.
None of these companies have anything to do with apparel, but if I remember correctly, one of them is an advertising company (or maybe that was our other tagline idea. I'll need to look again).
Our tagline is two words, but we're combining them into one, will this also make a difference?
What are the chances that we'll actually be able to trademark this tagline?
I know I should talk to a lawyer, but I was wondering if anyone here had any experience with this.
chani, i don't know the answer to your question, but i'd advice you to email the trademark office directly. they are very nice, they get back to you within a couple of business days. and it's free advice/answer coming straight from the source.
i was skeptical at first (i always think these type of governemt institutions never use their emails ) but i had to do it for my work once and it was a nice surpirse cause they got back to me with a very detailed answer
If an application shows a status of dead or abandoned, it means THAT specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. However, it does not necessarily mean that there are not OTHER marks which the examining attorney would cite. Also, there is always the possibility that an abandoned application COULD be revived (e.g., if the USPTO declared the application abandoned for failure of the applicant to respond to an Office action, but the applicant establishes that a response was sent, and the USPTO simply failed to match it with the file in a timely manner, then the case will be revived). Also, regardless of the status of an application within the office, the owner may still claim common law rights.
Once the USPTO receives an application, we will examine it and determine if it can be registered.