1. About a year and a half ago, I attempted to trademark my company logo(s). Unfortunately, some were cancelled and/or abandon. So my first question is:
1a. What do I have to do to finalize registration of the trademarks? Do I have to reapply?
2. One of my logo's consisted of having the word company affixed to it. However, I wish for the company to be recognized without it. So do I need to reapply for another trademark, this time without the company affixed to the end? Is it wise to just place the new name on my products before it being registered?
3. I notice that some companies like NoFear.com and Hollister have applied for trademark protection/recognition for many goods. However, being that I am a small business without much expendable capital I am unable to register the gamuts of goods that my company sells now or in the near future. what is the possibility of someone coming along and registering the same name with for a product like wallets, when I currently don't sell wallets, but hats, shirts, wristbands and stickers. Are they likely to be successful in there attempt? Thanks
1. About a year and a half ago, I attempted to trademark my company logo(s). Unfortunately, some were cancelled and/or abandon. So my first question is:
1a. What do I have to do to finalize registration of the trademarks? Do I have to reapply?
You probably have to reapply. But it's probably best to make sure. Go onto uspto.gov and retrieve your serial numbers. Then call and ask what you have to do to continue with those applications.
Quote:
Originally Posted by AECompany
2. One of my logo's consisted of having the word company affixed to it. However, I wish for the company to be recognized without it. So do I need to reapply for another trademark, this time without the company affixed to the end?
If you want two different trademarks, such as "AE Company" and "AE" then you would need to apply twice.
But I'm not clear on why you would need that. You will be recognized by the name you market yourself as, and what appears on your shirts, labels and hangtags. Meaning, if you register your logo as "AE Company," but you want consumers to call you "AE," just market yourself as "AE".
Quote:
Originally Posted by AECompany
Is it wise to just place the new name on my products before it being registered?
Yes.
Quote:
Originally Posted by AECompany
3. I notice that some companies like NoFear.com and Hollister have applied for trademark protection/recognition for many goods. However, being that I am a small business without much expendable capital I am unable to register the gamuts of goods that my company sells now or in the near future. what is the possibility of someone coming along and registering the same name with for a product like wallets, when I currently don't sell wallets, but hats, shirts, wristbands and stickers. Are they likely to be successful in there attempt? Thanks
They wouldn't be able to use your logo, but I suppose they could attempt to register the same name for a different product than the one's you registered for. It's hard to say if they would be successful, because you may be able to oppose the application claiming it creates confusion with your brand. But depending on the strength of your brand, it may not matter. As long as you can use your logo on your current and future products, I wouldn't worry about anyone else's registrations.
But it's probably best to consult an IP attorney on this one.
Getting in contact with a lawyer is my first suggestion. Barring that as most small businesses(me included) don't have the money for a lawyer and go it alone. I did so and aquired a trademark for Rethink on short and longsleeved garments. You might be best off settling for what is called a common law trademark. Also, AE is personally way to similar to American Eagle and I know they use AE on their clothing and probably have it registered. You may want to consult a lawyer just for research purposes and not for actual filing, this is usually cheaper and can save you money in the long run so you don't apply and get denied
I am in the process of applying for the trademark for our clothing line, and Way of Life was taken so we added the word "Apparel" to the end. I will let you know how this turns out.
I am in the process of applying for the trademark for our clothing line, and Way of Life was taken so we added the word "Apparel" to the end. I will let you know how this turns out.
That's a tough one. Usually, generic descriptions won't help eliminate confusion of an existing mark.
Is the other Way of Life trademark for use on clothing?
Yeah but the graphic on the design and the font of the text is completely different. We used Legal Zoom and they really didn't find any complications... So I guess we will see how it goes!
LegalZoom doesn't offer legal advice, they just submit paperwork.
The aesthetics of the mark probably won't matter much. Marks are usually judged on site, sound and meaning, and you need at least 2 of the 3 to be unique. I'm not an attorney, and I don't mean to burst your bubble, but I think you're going to have a tough time with this one. If you were the first to register the mark, would you want someone coming along and trying to register a similar mark just by changing the font and a design element? You'd be better off adding a more unique description than just "apparel."
LegalZoom doesn't offer legal advice, they just submit paperwork.
The aesthetics of the mark probably won't matter much. Marks are usually judged on site, sound and meaning, and you need at least 2 of the 3 to be unique. I'm not an attorney, and I don't mean to burst your bubble, but I think you're going to have a tough time with this one. If you were the first to register the mark, would you want someone coming along and trying to register a similar mark just by changing the font and a design element? You'd be better off adding a more unique description than just "apparel."
Exactly. I can't register a food company name Mcdonalds in san serif font.
I am in the process of applying for the trademark for our clothing line, and Way of Life was taken so we added the word "Apparel" to the end. I will let you know how this turns out.
That isn't going to work. It will most definitely get put up for review. Apparel is a general word just like clothing. So even if the mark was approved, there would be a note for the trademark that you make no claim to the word apparel apart from use in the mark. You will need a good trademark lawyer to create a rebuttal and even then you probably won't get it.
And rethink, by law McDonald's is such a household name that you can't register Mc-anything so long as your are in the food industry. Trademark law is pretty interesting stuff lol
That isn't going to work. It will most definitely get put up for review. Apparel is a general word just like clothing. So even if the mark was approved, there would be a note for the trademark that you make no claim to the word apparel apart from use in the mark. You will need a good trademark lawyer to create a rebuttal and even then you probably won't get it.
And rethink, by law McDonald's is such a household name that you can't register Mc-anything so long as your are in the food industry. Trademark law is pretty interesting stuff lol
Believe me I know. I actually have come to like it a bit after applying for my own trademark, having to go against a first refusal and then winning. All on my own minus a lawyer! Yikes, but my battle was mearly applying correctly and not trying to trademark a name that is already there.
The advice in the end for you guys applying: Its early enough where you need to change your name. Don't make a mistake and get to invested in the name to go back and then get legally screwed
1a. What do I have to do to finalize registration of the trademarks? Do I have to reapply?
You might be able to appeal. Usually the trademark office will tell you (and you'll start getting letters in the mail from trademark consultants that deal in appeals that watch the trademark office rejections)
3 Trademark questions! 
