Does anyone have any experience filing an "intent to use" application (vs. "use in commerce")? Originally I wanted to trademark right off the bat, but it seems more common (and easier) to file once the trademark has been used in commerce. Plus it seems like it actually costs more to file an intent to use application, since you then have to file an "Allegation of Use" application, but I'm not sure.
On the other hand, I'm feeling kind of paranoid , and I'm wondering if I should go ahead and trademark now anyway, instead of waiting for "use in commerce." Advice? Don't be paranoid--or BE paranoid??
If you just have one t-shirt printed with your name on it, take a picture of it and you can file a trademark as "used in commerce". Not too difficult. Don't be paranoid!
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Duh, that IS easy! And I do have some t-shirts from a trial run, although I didn't actually sell any of them (gave them to friends and relatives). Legally, is that OK? Or do you have to provide documentation of actual commerce? So far, from the USPTO site, it sounds like a photo will be OK.
Sometimes they may ask for more documentation than just a photo of the t-shirt (depending on the term/phrase you're trying to trademark).
They may ask for proof that it is a "brand" and not a "slogan". Things like custom labels, etc can help prove that your mark is a brand.
What about stuff like being registered locally as a business, having a bank account in the name of the business, checks written to the business, having a url related to the business, etc.? I imagine some or all of these things are of use. Any idea how to communicate this to the trademark folks? How much is enough, and how much is overkill?
Jeez man, what is the deal with being a brand vs. being a company with a trademarked name and logo? I thought once I trademarked my company name and logo, it would also be my "brand."
But being a "company" and "trademarking a brand" are two different things.
OOOOOOOOH KAY, but once I've got my company trademark, I don't have to worry about anything else if I also use my company name/logo as a brand, right? RIGHT???
OOOOOOOOH KAY, but once I've got my company trademark, I don't have to worry about anything else if I also use my company name/logo as a brand, right? RIGHT???
Yes, once you register your trademark with the USPTO, it's your trademark.
You could use it as a brand before that, however registering the trademark makes sure someone else can't use your name/logo as a brand.