Use of trademark with multiple products (goods)

Started by Rollingsalmon, 08-19-15 at 10:43 PM

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Rollingsalmon

I have coined a word using the name of my hometown and "ing", I turned it into a verb. I plan to trademark it. Can I use the potential trademark for multiple products (cups, pencils, bumper stickers etc), or would I need to trademark for each item?

Also, has anyone used Legal Zoom or others to simplify the process?

Thanks in advance!

Robert T Nicholson

A trademark identifies the source of goods or services.  It can certainly be used with multiple products.  For example, the Sears "Craftsman" trademark applies to all sorts of tools. 

If the types of products are very different, you may need to register the trademark in multiple classes, which increases registration costs.

I have used both LegalZoom.com and Trademarkia.com.  Both did a good job.  I happen to know the founder of TradeMarkia...  I did some consulting work on another startup company, but I got to see the TradeMarkia operation.  They hire lots of attorneys right out of school, and pretty much work their asses off.  They're not the right company to deal with tricky questions or situations, but their fine for basic filings.

NOLO Press also has a Do-It-Yourself trademark book.  It might be a good idea to read that, even if you have someone else do the filing, so you understand the issues, and how to correctly use your trademark.

This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center


MYK

Quote from: Rollingsalmon on 08-19-15 at 10:43 PM
I have coined a word using the name of my hometown and "ing", I turned it into a verb.
You verbed it?
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

JSonnabend

I am not sure about the advice you have received here.  First, I can only remark on outfits like LegalZoom based on clients that have come to me over the years after using such services.  In the trademark arena, they offer little if any value.

As for substantive advice, I think the issue that ArtChain missed is the issue of ornamental use.  From the brief outline you provided, it sounds like your use would not be deemed a trademark use, but instead merely ornamental.  As such, you would not be able to register the mark nor protect it.

If you discuss your matter in detail with a qualified trademark attorney, you will receive better guidance on how best to proceed.

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



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