vcam6

when searching trademarks i have noticed some 2 different companies with similar names. Example "BE YOU" might have one tm and another with "BE YOU EVERYDAY" with different designs but selling same goods. Am I missing something?

 

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Comin'OutSwingin

Are they registered, or just on file?

There is a difference.

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vcam6

good question. would for example "be you" and "byou" be the same. IT seems that everytime I have something, i see if it is trademark has been filed and then i search online to find product. They might have trademark but no product. It just seems like everyone trademarks an idea but doesnt use it just like the dotcoms of earlier.

 

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Comin'OutSwingin

Just because you don't see a product online, doesn't mean there is no product.

Normally, you don't just trademark ideas for a product. The USPTO asks for a tangible specimen before a mark is registered.

Sometimes people file an "intent to use" trademark. But they are a little more difficult to get.

Lots of times what you see on the USPTO are "pending" registrations. Where lots of people try to register things that are extremely close to other registered marks, or other pending registrations.

What normally becomes of those is that they are rejected. Those don't get talked about much, though.

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vcam6

thanks Comin'OutSwingin. I am not looking to copy anyone but as long as it isnt registered and maybe with a different twist I should be fine to focus all my energy on my product?

 

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Comin'OutSwingin

Yes, you should be. Just make sure you search diligently. The USPTO is just the first step in the search.

I would suggest learning as much as you can about trademark law, before you get too deep into naming your product.

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