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[Mercy_Mafnas]

 Does this make sense?

A public school in Guam wishing to trademark a logo.

Wanting to make products that the school does not sell currently and the school has no interest in selling such products with the logo.

[Lyza]

Yes, if the school is going to make and/or offer products for sale in the future under the mark.  They can file an intent-to-use trademark application.  They will eventually have to prove they are using the mark in interstate commerce to label their goods in order to obtain registration.  

If they do not plan to ever make products or offer services under their mark, then probably not.

I'm curious about ownership since you say it's a "public" or government owned school that wants to file for protection.  Who will be the applicant?  The school district, the Guamanian state?  I will be interested to learn what the attorneys say too.

[Mercy_Mafnas]

Hi Lyza,

The applicant is unknown right now, but I was told that it could be the parent teacher association who wishes to register the mark locally.

An association on Guam is not recognized by the Guam Government as an entity, so I can't figure why this could be. Anyhow I will let you know who the applicant is soon enough.

Thank you for the message.

Sincerely,

Mercy

[Lyza]

Hi Mercy,

Best of luck but you don't need to keep me posted.  I'm a paralegal and owner of a paralegal service which means that I work with attorneys only, don't practice law or give legal advice.  I participate in this blog because my specialty is IP and there is always something to learn.  Sometimes I can assist with information regarding rules and procedures but that is it.  One of the attorneys here will eventually chime in.  Good luck.

[Mercy_Mafnas]

Hi Lyza,

The applicant is the Guam Public School System, signed by the acting Superintendent. The "GPSS" has under it a total of 31 schools and has only filed one (1) application for all its schools. This particular applicant is part of the Government of Guam's Excutive Branch, and has no intention of producing, selling, nor bidding of purchasing any goods for use of its logo. What are the requirements of being an applicant? Can a government becom an applicant of a trademark, namely a public school?

[Lyza]

Hi Mercy,

I do not have any experience with the registration of a trademark for a public school or other government entity.  If one of the participating attorneys chimes in, you will get qualified help.  

The school district should also, without a doubt, contact a qualified trademark attorney to assist them in this endeavor.  If they are spending tax dollars to do this on behalf of the school system, they had better make sure they are filing correctly and efficiently.  To file themselves could waste more money that they will save and net them an undefendable, ineffective application.  Good luck.

Lyza

[Mercy_Mafnas]

Hi Lyza,

Thank you for your time and help. I will pursue this matter further, if neccessary. It seems that furhter investigation is needed such as a freedom of information request for records. Would you know whether it matters if the artist who created the logo must give consent to the Guam Public School System for use of the artwork, whether it be a registered copyright or not?

Thanks Again,

Mercy