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Author Topic: Volume of Trademark?  (Read 852 times)

dsplatonov

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Volume of Trademark?
« on: 01-18-11 at 03:23 am »

I just read a law documents from USPTO web-site and i found that there is no maximum limit for a word trademark. Is it true? For example, can i register a 1000 word trademark?
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TheTrademarkCompany

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Re: Volume of Trademark?
« Reply #1 on: 01-18-11 at 06:25 am »

I think that is most likely accurate.  In essence if it can theoretically function as a source identifier it may be entitled to protection.  Remember, however, you would still need to show use of the trademark in commerce to complete the registration process.   
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dsplatonov

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Re: Volume of Trademark?
« Reply #2 on: 01-18-11 at 07:06 am »

Remember, however, you would still need to show use of the trademark in commerce to complete the registration process.   

If I use this 1000 words in corporate documents, will it considered to be the use of trademark?
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Yak

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Re: Volume of Trademark?
« Reply #3 on: 01-18-11 at 07:30 am »

A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used.  The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services.  The level of specificity depends on the type of goods and/or services. 

You will also be required to show proof of use of your 1000 word mark by way of a specimen of the mark.  A specimen is a sample of how you actually use the mark in commerce on your goods or with your services. A specimen shows the mark as your purchasers encounter it in the marketplace (e.g., on your labels or on your website).

If I use this 1000 words in corporate documents, will it considered to be the use of trademark?

I believe that unless the corporate documents also identify the good/services you may run into a refusal from the USTO. 
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chugan

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Re: Volume of Trademark?
« Reply #4 on: 01-18-11 at 07:33 am »

Remember, however, you would still need to show use of the trademark in commerce to complete the registration process.   

If I use this 1000 words in corporate documents, will it considered to be the use of trademark?

In itself, no.  The purpose of trademarks/servicemarks is to identify the source of  goods or services.  The mark has to be used in connection with providing those goods/services...i.e..logos, slogans, etc.  The fact that the 1000 words are used in corporate documents is irrelevant unless those words are used to identify your goods or services.

Chris
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JSonnabend

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Re: Volume of Trademark?
« Reply #5 on: 01-19-11 at 01:37 pm »

If I use this 1000 words in corporate documents, will it considered to be the use of trademark?

What exactly are you hoping to accomplish?

- Jeff
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ipplanet

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Re: Volume of Trademark?
« Reply #6 on: 01-20-11 at 02:19 am »

I just read a law documents from USPTO web-site and i found that there is no maximum limit for a word trademark. Is it true? For example, can i register a 1000 word trademark?

In principle there is no limit to the length of a word mark. The main point here is whether a too long word mark can identify the manufacturing source. If users could not identify the manufacturer in case of  a too long word mark then it can not perform the functions of a trademark therefore can not be registered.

IP Planet
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Kaitlin

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Re: Volume of Trademark?
« Reply #7 on: 01-20-11 at 08:53 am »

All the above comments are good, but I'm thinking it's possible the OP may be confusing trademark and copyright -- a common enough mistake.  (I've seen attorneys who don't know the difference between trademark, patent, and copyright.)  I'm surmising this from the OP's hypothetical use of the lengthy "trademark" in corporate documents. 

Putting a trademark on or in a corporate document would not really constitute a "trademark use" of a mark.  I can put the name "Xerox" in a corporate document, but that does not infringe the Xerox mark.  (May be doing other things I shouldn't do -- like misrepresenting myself or just inappropriately using the name generically -- but I'm not infringing the mark.) 

On the other hand, the question of copyright in legal documents, including corporate documents, is a legitimate issue where the rights in creation, I would presume, butt up against the extent of true creativity and also fair use. 
« Last Edit: 01-20-11 at 11:19 am by Kaitlin »
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