Patents & Trademarks Questions for application

Page 1 of 4

1234
Information on application fees per classes

Information on application fees per classes

In Trademark Registration    -  updated on 11/11/2009
Well the titles says it all, i am not sure to understand if there is an application fees per classes. I saw different answer to that question on this forum.  If so how much is it?

Thanks
Can I use picture of Time Square in a Commerial Application?

Can I use picture of Time Square in a Commerial Application?

In Copyright vs. Trademark    -  updated on 11/11/2009
I have pictures I would like to use in a Commercial Software application. They would be purchased the license to these photos and i would have license to reuse them for commercial purpose. But my question arises when I have a picture of times square with all those "ads" and "company logos" on all those buildings. Can I display a picture of "Times Square" in a commercial application?

I am wonder if this is Ok based on the "trademarked logos" a...
How Tight Is The Area Of Application For A Trademark

How Tight Is The Area Of Application For A Trademark

In Can I Trademark it?    -  updated on 11/11/2009
I am considering a three word title of fairly common words for a new blog.  To help understand, it could be say New Mortgage Coaching.  The posts will be entirely about news items and associated commentary.

There is an existing US trademark for these words and an associated image.  It has been designated for educational seminars.

Is it likely that the trademark owner could seek to prevent the use of this same phrase for another purpose?  If they did s...
Trademark application...Use my name as owner or Company name?

Trademark application...Use my name as owner or Company name?

In Trademark Registration    -  updated on 11/11/2009
I, Ms Jennifer Doe, am creating a new product and I've come up with a mark

"GreenEYEZ" for a watchband.

~~~
I get a business license for the company name "Luvjoy" and I create packaging.

The packaging says...

Luvjoy presents...

GreenEYEZ watchband

Luvjoy has created this most striking design to compliment any watchface.
Can a multi-class application be divided after receipt of a Final OA?

Can a multi-class application be divided after receipt of a Final OA?

In Trademark Office Action Responses    -  updated on 11/11/2009
Post Final OA issuance, can a multi-class, use-based application be divided out into two applications - two classes remaining as use-based and one class reassigned as an ITU?  The non-final action stated the option of dividing and amending the single class to ITU, but if the response fails and a Final OA is issued, is that option still available if not addressed in the non-final response?  I can't find anything that states it can be done.  Thanks.
Online Store: Application Fee for each Class.

Online Store: Application Fee for each Class.

In Service Marks    -  updated on 11/11/2009
Let?s say I want to trademark (actually servicemark) a Name for an online retail store and file under Class 35 as follows:

?On-line retail store services featuring ? software, t-shirts, electronics?

The United States Patent and Trademark Office (USPTO) Web Page, when discussing the TEAS application, states the following:
Only one mark is permissible per application, although a mark may consist of several elements that are joined to form a composite whole (e.g., word...
Common Law application v First Filed Application

Common Law application v First Filed Application

In Trademark Ownership    -  updated on 11/11/2009
I filed a new trademark application based on use; however there are several marks that confusingly similar to mine filed before me in the USPTO.

I have a senior use rights, but the other marks will be published for opposition very soon.

I guess USPTO only check the marks that are previously filed or registered, because my mark was not opposed to them.

Anyway, I understand that I have to file the opposition against those marks, but if I will not, do you think ...
Assignment of an ITU application

Assignment of an ITU application

In Trademark Registration    -  updated on 11/11/2009
Group:

I understand that an assignment of a ITU app will invalidate the application/assignment, however, has anyone ever filed a conditional assignment or assignment subject to condition precedent or is it subsequent?  I have read that this will not run afowl of the anti-trafficking prohibition under the Lanham Act.

Regards,

Trademark Intent to use Application

Trademark Intent to use Application

In Trademark Ownership    -  updated on 11/11/2009
I am thinking of filing an intent to use application a mark. I found a website that was online using the .com extension but is parked and has not been online since 2001. I own the .net. and have used it since last June.  

Who has the rights here? And if my mark is not federally registered or declined, can I still claim rights?
TEAS plus application and description of mark

TEAS plus application and description of mark

In Trademark Registration    -  updated on 11/11/2009
for the TEAS plus application, the description/ identification of the mark must be picked from a list that USPTO has as valid goods and services.

Is the description one of the most important parts of the application- in wording it broadly? I have seen some very concise descriptions and was not sure if there is an advantage of completing the TEAS app instead since then you can submit your own description of the product instead of picking from a list??
Filing a new TM application

Filing a new TM application

In Trademark Registration    -  updated on 11/11/2009
What is the downside to filing an application on TEAS and saying you are currently using the mark in commerce?   In reality, you will be using it within the next month or two.

I just wanted to save some money and not file an intent to use application.   BTW, if I do file an intent to use application, what is the cost?   because you have to file an intent to use and then use based application.  What is the cost of that verses just the $325 use based application
Foreign Filed application treated as US priority

Foreign Filed application treated as US priority

In Trademark Registration    -  updated on 11/11/2009
Hello,

If one filed a foreign application and then used that filing date in the US, would they be granted and treated as though file din US on that date (for purposes of damages, opposition, litigation).

Thanks,

Matt
TRADEMARK APPLICATION - need info

TRADEMARK APPLICATION - need info

In Trademark Office Action Responses    -  updated on 11/11/2009
I received this response from USPTO on my application.

"SEARCH RESULTS
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. ?1052(d).  TMEP ?704.02.

Applicant must respond to the following requirement.
Significance of Mark
Applicant must specify whether ?TRADEMARK? has any significance in the applicant?s trade or industry, any geographical signific...
Effects of Abandoned Application

Effects of Abandoned Application

In Expired Trademarks    -  updated on 11/11/2009
What are the substantive effects of a trademark application becoming abandoned other than the loss of your filing date?

Are you prohibited from refiling another application for the same mark?
filing for an application

filing for an application

In Trademark Ownership    -  updated on 11/11/2009
When filing for an application one must state its use in commerce.
The uspto.gov site it states:

"Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. "

My question is how does the "Three-Peat" trademark owned by NBA coach Pat Riley's company -Riles & Co comply with this requirement since as to my understanding, they just seem to be reserving the right to that...
Change ITU Application?

Change ITU Application?

In Trademark Registration    -  updated on 11/11/2009
I recently applied for a registration that was first written as ITU but I have recently become aware that the products listed were produced under the realm of the previous company president.  Can this be modified with a date of first use listed?
Questions about Application...

Questions about Application...

In Service Marks    -  updated on 11/11/2009
I am planning on applying for a Servicemark for doing business on the Internet...online retail services selling collectibles antiques, etc.

HERE ARE THE FACTS OF MY SITUATION:

I want the ?Servicemark? to be the name of my Company.
I will call the name of my Company ?NAME?.
I have incorporated the company as ?NAME, Inc.? in the State of Illinois.
I own the Domain Name of www.NAME.com.
I am selling products in an...
Additional Class - New application or not?

Additional Class - New application or not?

In Trademark Registration    -  updated on 11/11/2009
Quick ?. ?Say you filed an ITU Trademark application for let's say FROOT LOOPS on Jan. 1 for services, i.e. peeling fruit. ?

Let's say this week (Jan. 8th) you want to also protect the mark FROOT LOOPS for the peeled fruit product with an ITU application.

Would it be better to amend the original application to add the other class? or to file a new application? ?Please assume the priority difference between Jan 1 and Jan 8 is insignificant.

In the above, you may also assum...
Application for goods not described by existing TM

Application for goods not described by existing TM

In Trademark Registration    -  updated on 11/11/2009
A television game show name (i.e., "The Price is Wrong") is registered for class 009 and describes goods and services as "AMUSEMENT APPARATUS FOR USE WITH OR INCORPORATING A TELEVISION SCREEN OR VIDEO MONITOR, NAMELY, VIDEO GAME MACHINES FOR USE WITH TELEVISIONS," and

"COIN OR TOKEN OPERATED ELECTRICAL OR ELECTRONIC AMUSEMENT APPARATUS, NAMELY, FOR QUIZ GAMES."

"Video slot machine" is not specifically described for The Price is Wrong trade...
Application for registration

Application for registration

In Trademark Registration    -  updated on 11/11/2009
Can anybody tell me what are the procedural aspect of filing for a new trademark in India? Its a three word mark in color with unique fonts and colors?