Discussion:
State: California
Consider this...
Imagine these are federally registered trademarks (fictional examples here):
- America's Online (R)
- America's ISP (R)
- America's Hosting (R)
- America's Plumbing (R)
The above four are all registered by the same large company doing business on a global scale.
Their trademarks (with the exception of the the plumbing company) all basically cover providing various internet & hosting services to people internationally.
There are also a couple of other stray industry specific trademarks starting with "America's" that are no registered by this company, but have nothing to do with anything the larger company is doing.
For example lets say the other two companies are...
- America's Posters (r)
- America's Jellybeans (r)
Both selling their goods & services on a global scale over the internet, but they have nothing to do with technology.
They were also registered (and claimed use) AFTER the other company had registered their patent.
Now, imagine that I want to register:
- America's Attorneys
And this busines would provide various services specifically to the Attorney/legal industry.
Those services include: specialized software, design, web programming, consutling and hosting (but the hosting is secondary to the other suite of tools and services we provide the attorneys with, it is not our main business & we would not offer hosting on it own under this company name)
BUT the large company above undoubtedly does business with the Attorney industry as well (because their broad & generic service is applicable to every industry techinically.)
So what do you guys and gals think? Would the USPTO allow me to register this fictional "America's Attorneys" for the legal industry, to offer mostly unique, but some similar services to the other America's ______ companies?
Answer:
Originally posted by DontPanic
State: California
Consider this...
Imagine these are federally registered trademarks (fictional examples here):
- America's Online (R)
- America's ISP (R)
- America's Hosting (R)
- America's Plumbing (R)
The above four are all registered by the same large company doing business on a global scale.
Their trademarks (with the exception of the the plumbing company) all basically cover providing various internet & hosting services to people internationally.
There are also a couple of other stray industry specific trademarks starting with "America's" that are no registered by this company, but have nothing to do with anything the larger company is doing.
For example lets say the other two companies are...
- America's Posters (r)
- America's Jellybeans (r)
Both selling their goods & services on a global scale over the internet, but they have nothing to do with technology.
They were also registered (and claimed use) AFTER the other company had registered their patent.
Now, imagine that I want to register:
- America's Attorneys
And this busines would provide various services specifically to the Attorney/legal industry.
Those services include: specialized software, design, web programming, consutling and hosting (but hosting would not be the focus of our company as it is with the large fictional company above.)
BUT the large company above undoubtedly does business with the Attorney industry as well, because their broad service is applicable to every industry...
So what do you guys and gals think? Would the USPTO allow me to register this fictional "America's Attorneys" to offer mostly unique, but some similar services to the other America's ______ companies? **A: possibly, and if you do get approval use this slogan "God Bless America"
Answer:
USPTO gets to keep 100% of the application fee either way no?
Answer:
Of course. This is America.