Intellectual Property Forums - Is this First Use?

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Topic: Is this First Use? (Read 1566 times)

JohnDDD111
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Is this First Use?
« on: Dec 21^st, 2007, 2:04pm »

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Would incorporating a company name and then using that company name to pitch to investors be considered first use in offering a service? What other information would you need to determine first use? Thanks!

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JSonnabend
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Re: Is this First Use?
« Reply #1 on: Dec 26^th, 2007, 10:40am »

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If I understand your scenario correctly, the answer is "no".

- Jeff

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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com

bcapehart
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Re: Is this First Use?
« Reply #2 on: Dec 26^th, 2007, 3:09pm »

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I agree with Jeff. The situation you set out did not indicate that your actions were directed toward the rendering of your company's services, but towards seeking investment in the company. Typically, such actions are not considered sufficient use of a service mark by the USPTO to warrant registration. See, Trademark Manual of Examination Procedures, Secion 1301.

A service mark must be used in a manner that would be perceived by potential purchasers as identifying the services and indicating the services' source. Typically, this is shown when the mark is actually used in the sale or advertising of the services.

Brent

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Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com

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