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   Standard Character Mark?
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   Author  Topic: Standard Character Mark?  (Read 8185 times)
boston02494
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Standard Character Mark?
« on: Jan 26th, 2007, 8:55am »
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I'm a newbie, so I have a few basic questions:
 
1. If we get approved for a trademark using a "standard character mark", does that mean that we have locked up that phrase and nobody else can use it in the specific category that we were approved for?
 
2. Can we use the mark in different fonts, colors and styles and still be protected by the trademark?
 
3. If we are approved for the "standard character mark", if we later develop a logo with this same phrase, will this logo still be protected because we already own the trademarked phrase? Or will we have to fill for a new trademark?
 
We don't have a design yet, and we're thinking about using the phrase in a few different ways. We want to play around with a few things until we find that right style that works for us. We just want to make sure that we lock up the phrase and none of our competitors can use it.
 
Any advice would be most appreciative.
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JSonnabend
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Re: Standard Character Mark?
« Reply #1 on: Jan 29th, 2007, 7:40am »
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on Jan 26th, 2007, 8:55am, boston02494 wrote:
1. If we get approved for a trademark using a "standard character mark", does that mean that we have locked up that phrase and nobody else can use it in the specific category that we were approved for?

No.  A registration doesn't give you trademark rights, in only registers existing rights.  If a senior, non-registered user exists, its rights would trump yours (with certain caveats).  Also, registrations are subject to cancellation.  Finally, the test for infringement (and therefore the extent of your TM rights) is "likelihood of confusion", not "category" of use.
 
Quote:
2. Can we use the mark in different fonts, colors and styles and still be protected by the trademark?

And still be protected by the registration?  Yes, effectively.
 
Quote:
3. If we are approved for the "standard character mark", if we later develop a logo with this same phrase, will this logo still be protected because we already own the trademarked phrase? Or will we have to fill for a new trademark?

You don't ever have to file for a registration (and you can't "file for a trademark").  The logo, in all likelihood, would not be adequately covered by the word mark registration.
 
Quote:
We don't have a design yet, and we're thinking about using the phrase in a few different ways. We want to play around with a few things until we find that right style that works for us. We just want to make sure that we lock up the phrase and none of our competitors can use it.

In practical terms that may be achievable, but you have to be careful in how you approach the situation.  If you file 1(b) applications willy-nilly, you can get burned.
 
Quote:
Any advice would be most appreciative.

Hire a qualified TM attorney now, rather than later after you've screwed things up.  It's much more cost effective.
 
- Jeff
« Last Edit: Jan 29th, 2007, 7:40am by JSonnabend » IP Logged

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