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[Santoro]

Hi i am filling the US trademark form for my matchmaking website and i have an important question

Since it's an international matchmaking website, i have american users but i am not legally registered as a business in USA, i don't pay taxes in USA and operate it from Canada. Still i want to protect my trademark rights in USA. Is that possible or should i put "intent to use" and rapidly register my business in USA?

Thanks

[JSonnabend]

If you use the mark in the U.S., or if you register the mark in a qualifying country, you can register the mark in the U.S. regardless of "business licenses", tax status, etc.

- Jeff

[JessicaBrown]

Thank you you've been very helpful so now i am ready to send my form, only  a last question:

i choosed "class 045" for my matchmaking website, and i choosed  "Matchmaking services"  as "goods and services"
but i am sure i could add some more , is the description of goods and service important or choosing 045 and matchmaking service enough?

[JSonnabend]

The class number is of almost no importance.  If you choose the wrong class based on your description, the examiner will correct it for you.  If your ID encompasses more classes than you paid for, the examiner will permit you to pay additional filing fees or drop the extra classes.

The most important thing is to select a sufficiently broad but accurate description of your services.  If you screw up on that, your mark might not register, or you might have a largely worthless registration if it does.

- Jeff

[c.hugan]

Also, do not use the "shotgun" approach and register classes that are unrelated to your goods/services.  The Courts frown upon that when it is brought to their attention. The Declaration at the end of the application should not be taken lightly....

Chris
http://nashvegaslawyer.wordpress.com/

[JSonnabend]

How can one "register classes that are unrelated to your goods/services"?  One can file to register in such "classes", but without a proper specimen, the application will be refused.

- Jeff

[TataBox]

"How can one "register classes that are unrelated to your goods/services"?  One can file to register in such "classes", but without a proper specimen, the application will be refused."

You must be kidding.  I have seen plenty of photoshoped specimens or fakes, when I have time I will send you the serials.   Of course, such a registration is obviously dead meat in court.

[c.hugan]

How can one "register classes that are unrelated to your goods/services"?  One can file to register in such "classes", but without a proper specimen, the application will be refused.

- Jeff

Probably should've used the word "marginally."  I dealt with it recently in a servicemark opposition.  Also see, Medinol Ltd. v. Neuro Vasx, Inc., 67 U.S.P.Q. 2d 1205 (T.T.A.B. 2003).

Chris
http://nashvegaslawyer.wordpress.com/

[JSonnabend]

"How can one "register classes that are unrelated to your goods/services"?  One can file to register in such "classes", but without a proper specimen, the application will be refused."

You must be kidding.  I have seen plenty of photoshoped specimens or fakes, when I have time I will send you the serials.   Of course, such a registration is obviously dead meat in court.

Well, I suppose fraud is always an issue, but I don't think the limited incidents of fraud are worth commenting on in general.

- Jeff