Patents & Trademarks Questions for service

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Will Text Style be Enough to Distinguish Mark in same Service?

Will Text Style be Enough to Distinguish Mark in same Service?

In Service Marks    -  updated on 11/11/2009
Im new to trademark law but have read through www.uspto.com to ask, i would hope, an intelligent question to the forum.

I have a few questions.  My company is a one person LLC that will provide quality assurance consulting services.  My company name is XXX Consulting, LLC.  "XXX" will represent my companies true name.

I did a search on the USPTO database, using XXX.  I looked through all the...
Control of trademarked services

Control of trademarked services

In Trademark Ownership    -  updated on 11/11/2009
Here's the scenario:

Community group sets up 501(c)(3) corp. to help elderly neighbors by partnering with commercial services and coordinating local volunteers. 

Chose trade name which is a local place name plus designation meaning town.  We'll call it "Valleybrook Towne, Inc."  There is no town of Valleybrook in the area and they seemed to be in decent shape to be able, at least, to acquire secondary meaning in their trade name for tr...
Service Marked instead of Trademarked

Service Marked instead of Trademarked

In Service Marks    -  updated on 11/11/2009
Hello, I was in process of trying to register a business name that I am starting and somehow I just noticed it has me under "Service Mark" rather than a "Trademark". I am worried if that will become an issue later? I will be a retail florist. It is now filed under 1B so should I have it changed right now? If so, what is the process of doing this? Or should I wait and see if I do get it approved and when I later start my business, and change it into a 1A basis, I can reques...
Open question regard a trademark calendaring and monitor service

Open question regard a trademark calendaring and monitor service

In Trademark Monitoring    -  updated on 11/11/2009
What other service would you like to see in a trademark docketing and monitoring service aside from:

  • Docketing engine with 4 reminders for every action at the USPTO
  • Similar trademark application and registration review
  • Similar domain name review
  • Search engine textual advertising review
  • TTAB item docketing

Should we add Ebay review for consumer products? Should we add another search that ...
Servicemark Assignment Nunc Pro Tunc

Servicemark Assignment Nunc Pro Tunc

In Trademark Ownership    -  updated on 11/11/2009
In 2004 an LLC I was the sole member of dissolved.  One of the company?s assets was a federally registered service mark.  There was never an assignment filed with USPTO for the transfer of the asset to me.  My legal advisor indicates I can just simply complete the assignment with USPTO online.  1) Is it correct  that this needs to be a nunc pro tunc assignment, and if so, 2) when should the assignment agreement be dated?
In a weekend?s worth of reading I?ve only ...
Best Way to File for a Servicemark?

Best Way to File for a Servicemark?

In Service Marks    -  updated on 11/11/2009
I just joined a small investment firm and discovered that they have never filed for a trademark on their name (they've been in business over 15 years).

I want to handle this myself rather than hire an attorney (I'm a lawyer but this is not my specialty by any means), but I've got some questions that I'd like to get some feedback on.

Let's say the name of the firm is "Acme," and Acme is a real name (not a made up one like Accenture or so...
Commercial Relationship of Goods and Services

Commercial Relationship of Goods and Services

In Trademark Disputes    -  updated on 11/11/2009
In a 1052(d) refusal, EA points to an existing registration for an identical mark, in a different International Class of goods and services.  The EA asserts that both marks are in the "oil and gas industry." 

Applicant replies that "oil and gas" is very broad, and that the marks in are different unrelated segments of the industry (pipelines vs. seismic research).  Applicant cites cases that say "a broad general market category is not a gener...
Inclusive Terminology in Goods and Services; meaning of

Inclusive Terminology in Goods and Services; meaning of

In Trademark Registration    -  updated on 11/11/2009
MPEP 1402.03(a) says the terms "namely" and "consisting of" are definite, and may be used to set forth an identification that requires greater particularity.

If I use the term namely, do I necessarily limit myself to what follows?

For example, if my G/S recites "basket weaving implements, namely 1" dowels," then is the scope of my G/S limited only to:

A) basket weaving implements (of which a 1" dowel is merely an example...
amending classification of services to avoid confusuon

amending classification of services to avoid confusuon

In Trademark Office Action Responses    -  updated on 11/11/2009
My TM  app was rejected b/c of a liklihood of confusion. Is it permissable to amend my classification of services to get around this? TIA
Trademark vs Servicemark

Trademark vs Servicemark

In Service Marks    -  updated on 11/11/2009
Hmmmm... that is the question... or is it?

M'kay - here's the deal...

I'm a landscape designer and overall plant geek who has plied his trade as a self-employed consultant - first as a a DBA - then as things took off and got better, as an LLC...

Now, I want to also add to my success thingie by growing and selling some of my own plants...

So where does my idea of Servicemarking my business name end and Trademarking my thing overlap?  Or does one sorta overlap -...
Trademark classes for goods and services

Trademark classes for goods and services

In Trademark Registration    -  updated on 11/11/2009
Hello, my questions concern the differences between the IC class descriptions in the TM Law section 6.1 and the descriptions of classes used in the actual TARR reports for individual trademarks.

There seem to be some discrepancies on how some software manufacturers trademarks fit into the classes they are in.

For example, I have seen a software company that has their trademark in IC 009. US 021 023 026 036 038 and the description doesn't actually mention the type of software tha...
Can a title be trade or service marked?

Can a title be trade or service marked?

In Service Marks    -  updated on 11/11/2009
I am planning on having a live concert and titling it "Hawaii Calls." There was a radio program with that title and I am aware that the name "Hawaii Calls" may be trade or service marked. I remembered something about a title not being able to be copyrighted, can a trade or service mark prohibit the name from being used as a title?
Use of Servicemark...Evidence

Use of Servicemark...Evidence

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.
I want to known how I can show that this "Servicemark" is actually used in the course of my doing business.

Question:  What evidence can I give them through the Web Application that I use the Servicemark selling products on the Web?
Question:  Is my situation sufficient to satisfy the requirement that I am doing business u...
trademark of goods used for service

trademark of goods used for service

In Service Marks    -  updated on 11/11/2009
Is it possible to use the same wording for a trademark that has been registred for Goods and services in class ( IC009) for another service class (IC038 or IC039)?

is it possible to use a logo with the same words as used in an existing trademark for a IC009 class,  in  another service class?

thank you
SurnameLawFirm - Fighting a cybersquatter service

SurnameLawFirm - Fighting a cybersquatter service

In Domain Names    -  updated on 11/11/2009
I have registered surnamelawfirm.net and surnamelawfirm.org.  At the same time, I "backordered" surnamelawfirm.com from Godaddy.com, a domain name registrar.  The "backorder" process was supposed to monitor the name and snatch it up when it became available.  Since the law firm that had owned it had abandoned it, and it was to expire in a few months, I figured that things would be fine.

I've since discovered that Godaddy doesn't attempt to add the nam...
trademarking services delivered personally

trademarking services delivered personally

In Trademark Registration    -  updated on 11/11/2009
Can I get a US trademark for a service that I deliver as a sole proprietor, e.g. a matchmaking or plumbing service? I understand that some services "delivered personally" such as singing cannot be trademarked - is this an exception to the rule?

Thanks.
goods and services

goods and services

In Trademark Monitoring    -  updated on 11/11/2009
I did a trademark search and found a mark identical to my intended mark.  i wish to sell a specific type of clothing (uniforms for nurses) and the identical mark lists clothing broadly but I don't think they actually sell nursing clothing.  Is their listing of goods controlling over what they actually sell?  should i give up or modify my mark?
What if its both services and goods?

What if its both services and goods?

In Trademark Registration    -  updated on 11/11/2009
I am launching a website which provides webservices...so I assume I need to file for a service mark?

But I contemplate selling merchandise with the name and logo, so goods.  Do I need to file for both or what is appropriate strategy?

Thanks
Question about service marks.

Question about service marks.

In Service Marks    -  updated on 11/11/2009
 I am filling a service mark for my domain name and the only thing keeping me from doing is the following.

I have study how to file the trademark and I have everything ready but I'm a little confused as to how many classes my services fall on and whether I have to pay more than one class fee.

My services are:

Online Auction
Online Public Forum
Online Search Engine

Aren't they in the same class meaning that I have to pay only one class fee of $335 for it??
Worship service logo: SM, TM, other?

Worship service logo: SM, TM, other?

In Logos    -  updated on 11/11/2009
I have designed a logo for a new contemporary worship service at my local church. Since we are a non-profit organization, does this fall under the category of Servicemark? And if so, can I go ahead and put "SM" alongside the logo before it's officially registered? Thanks so very much!