6 Most Common Trademark Registration Mistakes | Trademark Attorney Explains!
ฝัง
- เผยแพร่เมื่อ 6 ต.ค. 2020
- Learn some of the most common mistakes that people make on their federal trademark applications and during the trademark registration process and tips on how to trademark a business name.
FREE DOWNLOAD: Three Tips for Trademarking Your Brand bit.ly/37ZcSgZ
Get our on-demand webinar and learn step-by-step how to trademark a name and logo WITHOUT a lawyer. BRANDISH: DIY Your Trademark Application. Sign up today at bit.ly/brandishdiy
Get serious about protecting your brand and business. Check out Brand Bombshell, our all-inclusive trademark registration package. Learn more at bit.ly/2lR0JIj
Want more All Up In Yo' Business? Become a member for special access to members-only videos, live streams, live chats, behind the scenes, and MORE! Join today / @allupinyobiz
…
I use VidIQ & TubeBuddy to optimize this video and my channel. And for reals, I love them. If you want to check them out and show your love for All Up In Yo’ Business, you can use my affiliate links! I may get a small cut if you buy their products.
VidIQ: bit.ly/3dbew7z
TubeBuddy: www.tubebuddy.com/AUIYBuddy
...
Want to work with Aiden? Please visit www.180lawco.com/contact to submit an inquiry form and schedule a consultation. We do not respond to legal questions submitted by email or through our website unless you schedule a consultation or are already a client of 180 Law Co.
Unless you are a current client of 180 Law Co., please do not send any confidential or personal information to us by email. Prospective clients are required to submit an inquiry form and schedule a consultation.
If you are not a current client, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us via email, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good-faith effort to retain us. If you would like to inquire about or retain or legal services, you must first submit an inquiry form and schedule a consultation. Visit www.180lawco.com/contact to do so.
Visit www.180lawco.com/services/ for more info on our services and pricing.
Follow Me!
/ allupinyobusiness
/ _allupinyobiz
/ 180lawco
/ all Up In Yo' Business
The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by 180 Law Co. LLC, with its principal office located at 1580 N. Logan St., Ste 660, PMB 92925, Denver, CO 80203. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with 180 Law Co. LLC or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
All Up In Yo’ Business® is a registered trademark of 180 Law Co. LLC.
©180 Law Co. LLC. All rights reserved.
#AllUpInYoBiz #Trademarks #IntellectualProperty
trademark application online trademarking a name and logo trademark business name trademark search
Love your channel! Always look forward to the information you share with us.
These are always perfect length, succinct but adequate for getting one's head around the subject.
Thanks.
Yay! That's exactly what I'm aiming for. :-) Thanks!
I really appreciate these videos. You are very helpful.
This is wonderfully helpful, thank you!
Appreciate you sharing this info and offering some insight! EXTREMELY HELPFUL
I have always enjoyed each one of your videos. Always learning something with you. thank you and God bless you always.
Great video. This has helped me a lot! Thanks
what constitutes as use? If you use a company name for social media while developing a product but you haven't actually sold anything yet, can someone infringe on the tm?
Definitely appreciate the content!!!
Love it. This is god sent. subbed!
I want to say I love your vids and graphics!! Ty for the trusted info! Happy Thanksgiving😊
Excellent video! Thanks...
Very valuable information. Thank you for sharing!
Thank you for the kind comment!
Hi, I really enjoy your Chanel keep the good work!
Great information, love the vids
Very helpful. Thank you.
Thank you for sharing! 👍🏾
Do you have to get a different trademark for each color you use for your logo? Sometimes companies have colored, black, and white variations.
For date of first used in commerce - does it include first time used on social media? On website? Or first use for presales of the product? Or only when the product is actually purchase-able?
Thanks for the info!
I really appreciate you and your knowledge. Thank you..
Very helpful thank you
Girl... when you said "All up in yo business" I subscribed!
Useful tips. Thanks for the share
Very informative! Thank you!
Thx SO Much For your video!!!
EXCELLENT INFO!!!
Thank you so much for this
Hi, I'm a new subscriber and I really like how you explain in detail. Please make a video about how to start an LLC. Thank you and have a safe & happy weekend!
Great Video You are appreciated.
Great information
Great video. Thank you!!
Thank you for watching!!
Very helpful
Thank you, so much. I watched two other trademark videos and they did not go into the real depth of the matter.
I have written down all that I needed from your presentation. I was headed for disaster with the other videos that took 5 to 10 minutes.
Thank you,
I am Darry I aim to register my logo with the name.
Appreciate your knowledge and simple explanations! Do you have ANY video on how to file opposition answers? 🙏🏾
I do have one! th-cam.com/video/10YHfVPJc9Q/w-d-xo.html
You are awesome and the videos are very informative. Would love if you can create a video on how active stocks traders can benefit by forming an LLC.
Thank you 💝
Thanks a lot. Very useful. Is it possible to segment the video with segment titles
This is good info. Can you do a video explaining "free" or low-cost options available to people who can't afford application fees, hiring lawyers or other business expenses when starting out? Thanks!
Business is business. Ain't no free options
@@KEYDOOR advice that every new business owner needs to hear 🎯
If U do it Urself, it's only $250
9:17 Good & Service going to be use to connect with the trademark,
Hi, I really enjoyed your video. Could I create a trademark if the name of my business is already being used by someone else in a foreign country?
You may have answered somewhere but I’m wondering how about if you want to use your trademark, a logo and name, on a t shirt but you want to use the name in different designs and configurations, do I have to trademark each style of use of the name? Thanks
11:25 Right Good & service, retail website that you providing
Thank you for the video. I hope to do all this myself but might reach out to you if that is okay. Thank you once again, have a great day.
This is great info, what happens when the word I use for my company (DBA) for two years. I see the word is abandon. Would I be able to still submit my application?
Thank you for your information, it's very helpful. I want to create a book called My Bucket LIst Journal, but when I put that in TESS it comes up with The Bucket List Journal. So can I use that name?
Nice.
Thank you so much for this! Should you use the word "The" in a trademark I'm afraid to leave it out and someone trademarks the name with it and vice versa putting it in the trademark are someone filing the name without the "the"
Where can I find the category number of goods or service to check which one my product are
16:00 failing to make applicant requirement, out of the TESE PLUS, 1, emails 2, Other person name being using 3., Spanish word
Hey this video was extremely useful, Thank You! You should put an "Applaud" button on TH-cam definitely deserve some compensation for this excellent explanation. I have a main LLC company, the LLC company is interested in selling napkins on amazon, but the LLC company's name and logo does not match with the concept of napkins, the LLC company wants to differentiate and advertise the napkins as a better product on amazon. The best thing to do is to make a logo and brand that matches well for napkins. Can I trade mark a logo and brand name that matches well for napkins with out a separate LLC for it and have the main LLC own that napkin trademark? Basically what I am asking is can a LLC have multiple different types of logos and brands?
If you have a phrase and you check and see some of words of your ohrase is used in a registered phrase, can you then use it?
So i searched for the name, and only came up with a twitter account, and it’s empty, no posts, no followers. The name does not pop up in the USPTO search at all. Would it be a good idea to move forward?
Hello I already have a trademark with bag, pack bag, wallet and so on.. my question is can use this trademark to the different product like lipstick?
How about a registration search/ registration conflicting with a "known " common law protected material already created/in use . Hiw does that play out? Thanks
Thank you.. ; )
For you use “appearing different” - does that include color variations? For example we are trademarking a purple, yellow, and blue logo…. On our paper tags the logo appears the same in color But on our actual products we print it in different colors to match the product so they logo is more subtle. Is that ok?
The name that I want seems like it is available, and the logo i want is my own creation made from a photo i took, and then manipulated in photoshop. I’m trying to create a media company, offering media creation services, as well as brand name merchandise. Would putting a water mark on my youtube videos using the logo, and having some stickers and shirts printed, would those be acceptable specimens? I would also be making a website, to host video links, outlined services and merch. sales. Sorry for the questions, I’m just started seriously thinking about getting the ball rolling on this project.
Thanks you
You're welcome, thank you for watching!
Does the FONT matter for what your name or Logo will be? As in do you have to register the FONT being used? Thanks in advance
Lets say I have a TM that says FashionCity that will be sell different types of apparel. After looking looking on TESS what if it show a name that says: CityFashion Boys and is also selling the same thing but our logos are nothing alike in any way, ould I move forward with my registration?
13:00 lawsuit suit wrong first using the trademark date on commerce
How about a merchant license and what conditions would a merchandise have for doing print on demand such as t-shirts cups and so on does anybody know this
This is soo helpful! What should I do for the date of commerce if I haven't started selling anything or using this name because I am waiting to introduce it after I have trademarked it.
You'll have to file on a 1(b) intent to use basis in that case! You don't have a date of first use since you haven't started using it.
Hi!
I’m a New subscriber!!!
Excited about my trademark.
However, I’m a bit confused on something you stated on this video….
You stated….
The DATE of When I started to use my trademark?
Question….
Let’s say it’s an Amazon Storefront OR an Apple App that I’ve developed?
Would Then….
The DATE be THE DAY, I was approved and Up and Running that the Apple Application OR Amazon Storefront was LAUNCHED?
Thanks so much for the clarification and feedback!
😊
If there is a trademark that’s similar, like for example “Power Bank” and I want to do “Power & Bank” is that considered to similar (not actual trademark I’m looking to use). Also, are you allowed to use “&” in the trademark registering or does it have to be “and”? Thanks in advance for your response.
17:35 If the logo contains Japanese characters, the translation needs to be provided?
Does first use apply to the phrase or specifically the logo as it is up to date? For example, I've been using the phrase of the logo since 2012 (in internet posts/ but not sold item - that came in 2022) - the logo has since been updated and finalized. is it the phrase or the logo that I have in mind in this circumstance?
I would say 2022, would be Ur 1st date of Commerce Use. But still Check with a Professional
what if you have your LLC with first middle last name. Can you trade mark or copyright
Hello! A family member and I would like to trademark a fanciful name however we both want to use the name in different business ventures. One business to be a LLC. Please provide suggestions on what options we may have. I read about DBA however, we don’t want to mix money and merge liability protection.
I typed ellophineo business and your video showed up! lol....
Great information! So if I’m selling let’s say teeth whitening kits and the Packaging will display the business name “SNOW” do I trademark just SNOW or SNOW Teeth Whitening?
Thankyou.. I want to know about TMs for artist. Like do I have to file separate TMs for every character? If I create an comic does every character in every book have to be TM'd? Also with logos, If i wanted to use multiple colors ( this logo is blue then use a green one) is that allowed?
The characters probably wouldn't be trademarks, you'd be dealing with copyrights for those. With the logo, you can do the trademark with or without regard to color. Feel free to contact me if you want to chat about it! www.180lawco.com/contact
I have an intent to use trademark application pending and plan to switch to an "In Use" trademark application. How many sales do I need to satisfy the requirements to successfully obtain the trademark
When trade marking my bussiness name can I trade mark the name without uploading an image?
7:57 Proof how we using the trademark as the same we have as the text on the website.
Hi. I am looking to trademark a name and a slogan. I am aware I should file both separately. Both are on a sticker that I attach to my products. My products are herbal teas (In pink packaging with clear window or fully clear bags), (In jars) seamoss, and herbal drinks in plastic cups. My question is.. if you have time... what class should they be in (name Trademark and slogan Trademark)? Would a picture of the sticker on the packaging work? With the tea inside the packaging? Same for the seamoss?
The slogan is under the name. Would a picture of the sticker suffice? But as a specimen of the slogan in use should I also use a picture of the sticker on a gift bag? I'm so confused. Please help. Please.
What if it’s my granddaughter’s name I’m using? Do I just need her parent’s written permission since she’s only 4?
Thanks for this video!
However, I'm a little confused with first use. What if you haven't used it yet cause you wanted to secure the trademark first? For example, if ours is for event services, and the first event hasn't taken place, how would that work?? 🤔
Exactly
I answered your question in my recent video! Check it out at th-cam.com/video/v3ddfbn5GRE/w-d-xo.html.
I think I get trademark and copyright confused. I'm looking to register a phrase to be printed on t shirts. Is that trademark?
I went on Google and someone gave the same name on twitter. If it’s not trademarked can I still use it when I trademark it.
Can an LLC file the trademark for privacy?
I especially liked this video because it applied to me In the way of starting an online boutique, so thank you for that! though I did have some more questions of you don’t mind :)
During the process of selecting the goods and services, are we limited to one term Id in a specific class? In my case I want to sell women’s clothing, accessories and shoes which I think falls under class 025 but there is not one specific term ID that includes all of this. So my question is 1) to make it easy on me do you know the specific term ID I would use ? 2) if there is not just one, can I use multiple without having to apply separately and pay separate fees.
And since I am providing a service of a convenient place to shop for my clothes(women’s clothing,shoes,accessories) , what term ID would I use and does this mean I have no actual protection over my clothes that I want to brand ?
The filing fee is per CLASS; you can include as many as are appropriate! There are a few more general terms, like "tops as clothing" which is fine, or you can select more specific ones like "sweaters" or SUPER specific like "tank tops with built-in bras." Strictly speaking, it doesn't really make a difference as long as they accurately describe your products. (But sometimes there is some actual strategy to it, depending on what we find in the clearance search. That's why it's good to work with a lawyer! :-))
Your actual online boutique would be in a different class, so there'd be another filing fee for that. Take a look at class 035, something like "online retail store featuring..."
Thanks so much for watching and for the great questions!
Ok, so just to run it by you for my own understanding.
I will be the single owner of the trademark and the company.
-I would prefer to get my trademark before starting the LLC
-here is where I’m a bit confused.
-I apply for my trademark name/ logo
-I use name/logo as a water mark on my media- company will be media and merchandise
-I have stickers and shirts printed, and put them up for sale, using the exact name and logo.
-I wait for my trademark to go through.
Would i need to have my specimens actively for sale on a website before applying?
And last question, once I receive my trademark certificate, what are my obligations? Do I have to continue to maintain a web site, and merch production? Or can i just keep using a watermark on my media, and sell merch via my channel?
Thanks so much for all your info, i am strongly considering the webinar.
If your name had a tilde in the name but when you register with an agency they do not accept the mark; do you have to trademark name twice (once with tilde and one without)?
The USPTO accepts a tilde as a standard character. If somebody is telling you the USPTO won’t accept a mark with a tilde, find somebody else!
I swear, I searched, I researched and still got an initial soft rejection asking for more information about my business and claiming the trademark is too descriptive. No direct competitors, creating a new niche so no business like it really, and the examples they used for similar descriptive language don't apply to this business in the classes I applied in. I even have examples of similar descriptive trademarks that were approved and are still Live.
I feel like the USPTO has gotten more strict in the last decade or so and now most of the brands we see today would never get through an initial USPTO review. Even American Airlines or Apple would get rejected for the same reason heh. There has to be a better/faster way for folks to know what to do to actually protect the brand of a company they want to start without having to wait a year to find out if they're going to reject you. Hell, I'd even settle for the Supplemental Register at this point.
Is my trademark/Copyright registration transferrable in the event of my death to my children? Am I able to list beneficiaries on my application? What rights would they have?
Would be better to see visuals of what you described not to do, as far as specimen vs logo.... What is an actual example of using your trademark?
Can I use DATE OF FIRST USE as date I acquired domain name if I immediately tried to sell the name as a brand?
I answered your question in my newest video! Check it out at th-cam.com/video/og1q3B0JuXM/w-d-xo.html.
What are some examples of a specimen that shows proof of use in commerce besides a website?
a snapshot of your product WITH the logo.
Good morning sir/atty.
I want to ask, if when I translate an english book into Filipino translation, where the book has 200 pages, but I only selected 10 pages of it and translated its content into Filipino translation, and then I used the translation ang share it in the social media?
Is it a copy right?
Can I stop someone else registering the same trademark name under any other classes if currently no one else is using it apart from me???
If they start registering my trademark name under other classes the trademark will be diluted and it will loose its value. Eventually, when everyone registers the same word the trademark name can become generic. Please let me know your comments!
How much do you charge for Trademark application?
Is the trademark application fee refundable if it is rejected?
Hi Aiden,
Great video. This is a little confusing as to where I fit - Goods or Services. I buy and sell Christmas Ornaments. I do not make them, I get them from a manufacturer an then I resell them. So am I providing a product or a service? Also, how do I get to your Trademark on-line DIY Course?
It depends! Depends on how you're selling/branding the products. You can check out the course at bit.ly/brandishdiy, it walks you through how to determine the appropriate classes of goods/services.
@@allupinyobiz Thanks I'll give it a go.
Does using in commerce mean having a sale price? D:
5:20 putting the wrong drawing, wrong name combine together
Do I need to register a trademark if I’m planning to be a sole proprietor starting a small business from home?
Nobody NEEDS to register a trademark, but it may still be a good idea.
2:33 enough sereach on the web & trademark site
If someone has trademark a name as "The Repairman" is it possible to trademark a name as "Repairmen" ?