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Re: Re: Re: Securing my trademark after it has been registered


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Posted by M Arthur Auslander on April 08, 2002 at 22:22:34:

In Reply to: Re: Re: Securing my trademark after it has been registered posted by Getty on April 08, 2002 at 16:59:57:

: : : Hello,

: : : I have recently purchased/filed, and received a registered trademark with the uspto for my new arts magazine (under Class 16).

: : : Are there any major endeavors which I should be undertaking to ensure that my trademark is continually protected.

: : : I have already sold several of my first issue.

: : : Also, how important is it to list the "R" in circle next to my newly registered name?

: : : I'm new at this.
: : : Any advice would be very appreciated.

: : : Sincerely,
: : : Getty

: : Dear Getty,
: : There is more to know than a paragraph on a forum. Use the ®, keep publishing. What is this. you purchased/filed? Do you know what you are doing and how to do? Are you sure you have a registered trademark.? E arly L egal A dvice I s N ot E xpensive.

: : M. Arthur Auslander

: : Auslander & Thomas-Intellectual Property Law Since 1909
: : 505 Eighth Avenue, New York, NY 10018
: : 212-594-6900, fax 212-244-0028, aus@auslander.com
: : ELAINE's Workshop®
: : E arly L egal A dvice I s N ot E xpensive(sm)

: What I have purchased is a trademark for the name of my magazine. It is now listed as LIVE on the United States Patent and Trademark Office website.

: I am listed as the owner.

: How much does having it registered protect me if someonelse decides to use the same name of the magazine?

: Also, to use a mock example, if the name of my magazine is Smith Magazine (similiar to what I actually own), how do I protect myself from someonelse calling their magazine "Smith", but not specifically calling it Smith Magazine. (To clarify: one word vs. two).

: Thank you,
: Getty

: p.s. Is there a place where i can get free legal advice in my area? ...Fairfax, VA

Dear Getty,

I am not aware of any legal aid society, helping business people in the conduct of their business. IP law is national, thus when it comes to patent, trademarks and copyrights, the main geographical limitation is that local counsel would have to be used to go into the local courts.

There is not much effective advice that can be effective based on hypotheticals. Basically from what you say, you look secure.

If there is more you can give us a call.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive(sm)





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