This was SO digestible! If someone files on their own and for some reason receive an "office action", and they come to you, is the cost their a standard cost or based on an hourly rate?
Most of my services, including office action responses are flat fees. However, there are some instances where I need to charge hourly based on how many unknowns exist. This rarely happens with my trademark cases though.
Awesome Video. I understand the basics of trademark, but where i'm getting tripped up is on the specimen of use. With most businesses it's simple. Show the clothing tag for clothing. Show the label for packaging on products, etc. With something like a holding company would an acceptable specimen be a document (i.e. Licensing agreement, Deed of property ownership.) or am I safe just using the basic website URL?
Thanks, James! That's a good question. A holding company is different because most holding companies function to own things. They don't usually prioritize distinguishing themselves in commerce as a brand. You'll definitely want to seek legal advice for your specific situation, but as a thought exercise, I think most holding company trademarks would be based on the functions of the companies they own. For example, P&G might get trademarks for household goods because it owns businesses related to those goods.
It can get pricey with trademarks but in the long run, you save money by avoiding lawsuits and protecting your brand from the headache of copycats. This is such a great video! Temi got the goods on the trademark process! Well done Temi!🔥
Oh, what happens if during the comprehensive search you find that another company has the same name, but doesn't have a Trademark for the name? Would the USPTO deny application?
It depends on the examiner. Many of them look at what's registered, but they are not technically limited to do that, because trademark law as a whole honors the first person to use a mark. So let's say the second person decides to register the mark, and then the first user finds out. They can actually file a request to have the registered trademark cancelled. One of the grounds that they can use to bring a request/case like this is if they were using the mark first. So this is even greater incentive to do a full search first. Great question!
Hi Temi, I have a question what is the likelihood that if I file a trademark with the name Love & Cards class 16 motivational cards but a company name Love Cards is already registered using class 16 as Study guide (it would be declined)?
I didn't realize the difference in the $250 and $350 application, thank you for explaining!
You are always welcome, Ene!
I love the video, the explanation, so smooth and not boring at all! great base music as well!!
This was SO digestible! If someone files on their own and for some reason receive an "office action", and they come to you, is the cost their a standard cost or based on an hourly rate?
Most of my services, including office action responses are flat fees. However, there are some instances where I need to charge hourly based on how many unknowns exist. This rarely happens with my trademark cases though.
Awesome Video. I understand the basics of trademark, but where i'm getting tripped up is on the specimen of use. With most businesses it's simple. Show the clothing tag for clothing. Show the label for packaging on products, etc. With something like a holding company would an acceptable specimen be a document (i.e. Licensing agreement, Deed of property ownership.) or am I safe just using the basic website URL?
Thanks, James! That's a good question. A holding company is different because most holding companies function to own things. They don't usually prioritize distinguishing themselves in commerce as a brand. You'll definitely want to seek legal advice for your specific situation, but as a thought exercise, I think most holding company trademarks would be based on the functions of the companies they own. For example, P&G might get trademarks for household goods because it owns businesses related to those goods.
It can get pricey with trademarks but in the long run, you save money by avoiding lawsuits and protecting your brand from the headache of copycats. This is such a great video! Temi got the goods on the trademark process! Well done Temi!🔥
You know I try, bro! Thanks for the support!
Thank you!!!
Oh, what happens if during the comprehensive search you find that another company has the same name, but doesn't have a Trademark for the name? Would the USPTO deny application?
It depends on the examiner. Many of them look at what's registered, but they are not technically limited to do that, because trademark law as a whole honors the first person to use a mark. So let's say the second person decides to register the mark, and then the first user finds out. They can actually file a request to have the registered trademark cancelled. One of the grounds that they can use to bring a request/case like this is if they were using the mark first. So this is even greater incentive to do a full search first. Great question!
@@toslegal Thank you for the thorough response!
The United States Patent And Trademark Office you provided is a good resource. Thank you so much!
Glad it was helpful, friend!!!
Thanks 1000000
Hi Temi, I have a question what is the likelihood that if I file a trademark with the name Love & Cards class 16
motivational cards but a company name Love Cards is already registered using class 16
as Study guide (it would be declined)?
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Temi can you help in applying for my business name for me? I want to use it on selling on Amazon Please reply
i didnt realize the process was as timely/long as you showed....