this was super helpful. In 2020 I got 2 trademarks granted and 1 that was denied for being too broad even though its my company name. I just got an email from someone saying that my dead TM was just applied for and that I have 24 hrs to respond before it was granted to someone else. This helped me to search to see if that was true or not.... (and it wasn't). Thanks so much!
Hello! What a great channel you have here! As I was ready to type my question I realized that the TM I was going to research may be of Canadian origin. (I’m based in the US). The TM I’m researching is a logo. So perhaps a silly question but could I search this trademark even if it’s potentially of Canadian origin?
Great video, thank you! Could you do a video that explains how to approach general words that are trademarked? For example, if someone trademarks a broad term like “graduation” for clothing, and I want to do a clothing design with more than just that word, like “2025 graduation” should I just stay away from it? It seems like a lot of general words are being trademarked. Thank you for your videos!
Hi, I have a question related to trademark name. The name I want to use is already existed but in different class. Can I still apply for that trademark if the classes doesn’t relate??
Great informational video. I have a small important question to ask. In (15:19) you were searching the term "OAK" + "clothing" under class 25. In the results (related to class 25) we can see "OAK & POPPY" and "OAK CITY". So my question is since the word "OAK" is not trademarked alone, can we use the word "OAK" with another word to name my product? (only if the two worded phase is not trademarked) "OAK CAKES" or "OAK KITCHEN" for example? Does the same rule apply to books as well? I mean for the items in class 9,16 and 41. Thank you.
So it depends on what the other words are. Like "Cakes" is a generic term for cakes, obviously, so it does not add anything trademark-y to the trademark for desserts. Unless you are not selling cakes but are selling t-shirts or something random -- then adding a word can make a difference. You can't trademark the title of a book, but generally the same rules apply for any class.
When it comes to word marks, if it’s a common word, such as juggle and has a license for computer services and babysitting.. does that mean it’s still allowable for other uses; such as clothing, consulting, etc?
Still figuring out how TM classes work. Hypothetical: If a one off restaurant in Seattle registered the name "Zapatito Cucina" in class 43, which they name their establishment. Then a wine maker later applied to trademark one of their wine flavors "Zapatito" in class 33 , would it likely be granted?
It may depend on the examiner, because it depends if they think that class 43 and class 33 regularly overlap (because the same businesses have a restaurant and make wine). They look at the facts of the industries
@Elizabeth Potts Hello, if I want to trademark “Super” but “Super Dupper” is trademarked will mines be denied? I see a lot of names close to mines with other words but not by itself.
In expert mode if we refine our search by putting required goods and services, and then if we don't see any liklihood of confusion in those less number of searches, will that be sufficient to finalize our trademark?
Could you do a video on dissolving a nonprofit? My Secretary of State rejected my voluntary dissolution because they said I need to find the correct class. Could your video outline one with assets and one without, mine is fairly new so I’ve done literally nothing including the first board meeting. My co founder had to back out. Thanks for all your helpful videos.
How do I trademark search for a game show title where there are 4 words in the title? When I did it, it came up with titles for each individual word and not the combined words...
Did a thorough search on USTPO and could not find a trademarked name I'm interested in, however I did find the name being used when I googled it. Could not find it anywhere on USPTO. Is it possible it's being used but not trademarked?
Yes it is possible. It could be a problem when you apply for a USPTO trademark (because they may have some common law rights), but it depends on many factors.
I don't think there's a true reverse image search, but left of the search bar there's a pull down menu and you change it to "mark description" and put in descriptive words (like "lion with a circle around it")
this was super helpful. In 2020 I got 2 trademarks granted and 1 that was denied for being too broad even though its my company name. I just got an email from someone saying that my dead TM was just applied for and that I have 24 hrs to respond before it was granted to someone else. This helped me to search to see if that was true or not.... (and it wasn't). Thanks so much!
Welcome! yep that is a common scam, now!
Hello!
What a great channel you have here! As I was ready to type my question I realized that the TM I was going to research may be of Canadian origin. (I’m based in the US). The TM I’m researching is a logo. So perhaps a silly question but could I search this trademark even if it’s potentially of Canadian origin?
Great video, thank you! Could you do a video that explains how to approach general words that are trademarked? For example, if someone trademarks a broad term like “graduation” for clothing, and I want to do a clothing design with more than just that word, like “2025 graduation” should I just stay away from it? It seems like a lot of general words are being trademarked. Thank you for your videos!
The short answer is that adding additional words doesn't help (unless it has a totally different connotation) -- the single-word is more broad
@5:23 That is SOOO cool!!! Thank you!!
You are so awesome. Thanks.
Hi, I have a question related to trademark name. The name I want to use is already existed but in different class. Can I still apply for that trademark if the classes doesn’t relate??
hi Elizabeth, great video, is really helpful. can you please make a video of how can we search trademarks for books kdp amazon? 🙏
So you cannot trademark the name of a book title unless it is series
The ID Manual reports that “political parties” are under class 35. However, the RNC is listed only under class 042. Why is that?
You file under what you monetize. Like RNC could probably file for tee-shirts if they are selling them
Awesome.
Great informational video. I have a small important question to ask.
In (15:19) you were searching the term "OAK" + "clothing" under class 25.
In the results (related to class 25) we can see "OAK & POPPY" and "OAK CITY".
So my question is since the word "OAK" is not trademarked alone, can we use the word "OAK" with another word to name my product? (only if the two worded phase is not trademarked)
"OAK CAKES" or "OAK KITCHEN" for example?
Does the same rule apply to books as well?
I mean for the items in class 9,16 and 41.
Thank you.
So it depends on what the other words are. Like "Cakes" is a generic term for cakes, obviously, so it does not add anything trademark-y to the trademark for desserts. Unless you are not selling cakes but are selling t-shirts or something random -- then adding a word can make a difference.
You can't trademark the title of a book, but generally the same rules apply for any class.
@@ElizabethPW Thank you so much 🙂
Thank you
When it comes to word marks, if it’s a common word, such as juggle and has a license for computer services and babysitting.. does that mean it’s still allowable for other uses; such as clothing, consulting, etc?
It might be, if those other uses are not overlapping. So like shoes and coaching do not usually overlap, but coaching and consulting do overlap.
Still figuring out how TM classes work. Hypothetical: If a one off restaurant in Seattle registered the name "Zapatito Cucina" in class 43, which they name their establishment. Then a wine maker later applied to trademark one of their wine flavors "Zapatito" in class 33 , would it likely be granted?
It may depend on the examiner, because it depends if they think that class 43 and class 33 regularly overlap (because the same businesses have a restaurant and make wine). They look at the facts of the industries
Hi, how to check if a quote is trademarked or free to use in Tumblers? Thank you in advance!
Quotes are not trademarked. They are protected under copyright law and right to privacy / publicity.
@@ElizabethPW how to check for copyright and privacy quotes?
how about to search logo that was registered
Yes I'll have to do a video about logo searching, it's kind of awkward
@Elizabeth Potts Hello, if I want to trademark “Super” but “Super Dupper” is trademarked will mines be denied? I see a lot of names close to mines with other words but not by itself.
Depends on how close the classes are
@@ElizabethPW Ah ok, I want mines in cleaning business and theirs is in cleantech
Thank you!!!!
You're welcome!
In expert mode if we refine our search by putting required goods and services, and then if we don't see any liklihood of confusion in those less number of searches, will that be sufficient to finalize our trademark?
The trademark office does their own search, which includes google
@@ElizabethPW thanks they do multiple researches
Could you do a video on dissolving a nonprofit? My Secretary of State rejected my voluntary dissolution because they said I need to find the correct class. Could your video outline one with assets and one without, mine is fairly new so I’ve done literally nothing including the first board meeting. My co founder had to back out. Thanks for all your helpful videos.
I don't know much about non-profits - check out www.fplglaw.com/
Thank you!
How do I trademark search for a game show title where there are 4 words in the title? When I did it, it came up with titles for each individual word and not the combined words...
Put quote marks around it "" to search for it exact
Did a thorough search on USTPO and could not find a trademarked name I'm interested in, however I did find the name being used when I googled it. Could not find it anywhere on USPTO. Is it possible it's being used but not trademarked?
Yes it is possible. It could be a problem when you apply for a USPTO trademark (because they may have some common law rights), but it depends on many factors.
@@ElizabethPW Thanks for taking the time to answer this question. Very very helpful. I have subscribed and love your channel.
helpful
Glad to hear that
Is there a way to search for a logo by image search? I have a registered logo and I want to know who owns the trademark for it.
I don't think there's a true reverse image search, but left of the search bar there's a pull down menu and you change it to "mark description" and put in descriptive words (like "lion with a circle around it")
HOW MUCH YOU CHARGE FOR TRADEMARKED ?
My Trademark Package fee is $850 not including USPTO fees
How many days to take trademark ?
If you can ?