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Author Topic: Why file for Trademark Reg. fo both literal element only and the literal-Design  (Read 1053 times)

BobRoberts

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So, why File for Reg. of Trademark for both the literal element only, and the literal element and Literal+Design?  What's the advantage over just a Registration over the Literal Element?

May be easier to initially get the narrower Literal + Design through the PTO?
If one is cancelled, you have the other as a fall-back?


Thanks for any input.
« Last Edit: 09-28-10 at 05:59 am by BobRoberts »
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MYK

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You mean a word mark and any fancy drawing stuff?  I don't recall it being discussed specifically, ever, but I always assumed it was because so much of our references to brands are nonvisual -- you don't say (or type) Coca-Cola in their fancy font.  You want to be able to protect non-visual (or at least non-full-graphic-visual) uses of the mark, too.
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Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

JSonnabend

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You mean a word mark and any fancy drawing stuff?  I don't recall it being discussed specifically, ever, but I always assumed it was because so much of our references to brands are nonvisual -- you don't say (or type) Coca-Cola in their fancy font.  You want to be able to protect non-visual (or at least non-full-graphic-visual) uses of the mark, too.

Exactly.  Often, the combined word+graphic adequately protects the words alone, but it is safer for sure to register both.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com

BobRoberts

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Thanks MYK and Jeff!
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