Discussion:
What is the name of your state?What is the name of your state? Georgia
Through my reading and research I have few outstanding trademark questions.
1. Let's say I have a product I'm already using and now would like to trademark it's name: There isn't a need for a intent to use submission being that I have sold the main product's name interstate?
2. I like to tradeamark a logo. Will I still have the freedom to utilize the words, for ex: Apple Head Apparel in different font, if I choose to later?
3. Lastly, Let's say I have a logo that reads Apple Head I'm submitting to have TM. Now can I used the section on the form for my standard wording and submit the Apple Head Apparel? It would allow me to TM the logo, which includes special characters and the standard company name Apple Head Apparel.
Or should I just TM the logo and the exact words on the logo?
Thank you for your insight and knowledge.
Peace,
CJ
Answer:
1. Let's say I have a product I'm already using and now would like to trademark it's name: There isn't a need for a intent to use submission being that I have sold the main product's name interstate? No. You file an intent to use when you are filing for a trademark registration before using your mark in commerce. If you are already using your mark in commerce, you can indicate that in the application itself.
2. I like to tradeamark a logo. Will I still have the freedom to utilize the words, for ex: Apple Head Apparel in different font, if I choose to later? Generally yes. Trademark rights arise from use in commerce -- registration just gives you a few extra benefits. If you use a different logo or different font or even different words from your registered mark, you can still claim trademark rights to those changed marks, they just won't have all of the benefits of a registered mark.
3. Lastly, Let's say I have a logo that reads Apple Head I'm submitting to have TM. Now can I used the section on the form for my standard wording and submit the Apple Head Apparel? It would allow me to TM the logo, which includes special characters and the standard company name Apple Head Apparel. The logo is a mark with design elements. If you want to trademark the words separately from the logo, then you will also need to file for a standard word mark on the words themselves. This needs to be done in two separate applications, and typically standard word marks are much more difficult to get registered.