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Author Topic: What to trademark - whole business name or just unique portion?  (Read 324 times)

sab15

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Hi,

I am starting a business and thinking of trademarking the name soon.  The thing is I'm not exactly sure what words need to be trademarked.  Here is the example:

The official business name and eventual corporation name will be Bogolo Products.  But, within that company I want to have multiple brands like Bogolo Clothes, Bogolo Outdoors, Bogolo Cosmetics, etc...  Do I need to:

1. Just trademark "Bogolo" and that will protect me for all my brand name categories?

2. Trademark "Bogolo Products" and that will protect me for all my brand name categories and also will include "Bogolo" just used by itself?

3. Trademark every specific category I create - "Bogolo Products", "Bogolo Clothes", "Bogolo Outdoors", etc...?

Thanks a lot!

SAB

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artchain

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A trademark associates a name with the good or services you produce.  It is, in effect, a "brand."

You cannot reserve a mark for all conceivable goods or services.  You must specify the class(es) of good or services to which your mark applies, and your registration is only good for those classes.  Other companies can register the same mark for other classes.  So, for example, you can have Delta faucets, and Delta airlines, and there is no conflict.

You could register "Bogolo" and specify all the classes of goods and services you will provide.

Or, you could register "Bogolo Clothes", "Bogolo Outdoors", etc., each with their own class.

Which you choose to do involves marketing and branding decisions. 

« Last Edit: 11-25-17 at 02:26 pm by artchain »
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This post is provided for information purposes only, and does not constitute legal advice.

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sab15

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Thanks Artchain!  That is very helpful.
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MYK

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You cannot reserve a mark for all conceivable goods or services.
A caution, that's U.S. practice and maybe other common-law jurisdictions.  European CTMs can be registered for "everything under the sun known to man" (yes, I know it's a patents phrase :) ), at least if the mark itself is not already in use.  Of course, you pay per class, and there are at least 45 of them, so it gets a bit pricey to do that. . . .  Not sure about other civil-law jurisdictions, probably varies.
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"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.
 



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