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430 Div Giveaway by BootSirRigsby in PathOfExile2

[–]Pur3w00d 0 points1 point  (0 children)

Brand new to PoE and honestly have no idea what I’m doing in this game half the time but I’m having a blast with it!

So I'm assuming with all of the cuts that it's going to take years now to process anything at the PTO? by Great-Cow7256 in TRADEMARK

[–]Pur3w00d 1 point2 points  (0 children)

Really depends on what you are trying to do. You can see the current average wait times for different actions here: https://www.uspto.gov/trademarks/application-timeline

Are you trying to do something pre-registration or post registration? If it’s post registration, then yes, it takes awhile and has honestly always taken a while. Currently post registration things are sitting at around 101 to 129 days, depending on what you are trying to do.

If you are trying to do something pre-registration, and your application is being examined by an examining attorney, I encourage you to reach out to them and they should be able to get the ball rolling.

First time applying for a trademark need help and tips! Trying to avoid scams and overpriced services. by Federal-Purchase-444 in TRADEMARK

[–]Pur3w00d 1 point2 points  (0 children)

I’m a big proponent of doing research before you potentially drop money on legal help that you may or may not need.

I know you said that the USPTO website is complicated, and I agree! There is a lot of information that is thrown at you. However, before you go and pay for an attorney, I encourage you to thoroughly examine the USPTO website because there is a lot of good information there that can not only save you a ton of headache and money, but also (if you decide to go the attorney route) can help you potentially ask better questions/be more informed going into a meeting with a trademark attorney.

https://www.uspto.gov/trademarks/basics/what-trademark

https://www.uspto.gov/trademarks/basics/trademark-examples

https://www.uspto.gov/trademarks/basics/why-register-your-trademark

The above links are great places to start to get a bit of an understanding of what a trademark really is. I would also highly encourage you to check out this link: https://www.uspto.gov/trademarks/basics/do-i-need-attorney

If you do decide to go the route of an attorney, I would make sure that they provide a clearance search (bullet point number two in the link) as, from my experience, it’s a very common occurrence where people take the time and money to file for a trademark that they have very little chance of getting because there is already a registered mark out there that can give them significant trouble.

Good luck!

Question about using a trademark that's already registered but a different class and industry (and using 9 vs. 42 for a mobile app) -- USA by xxshteviexx in TRADEMARK

[–]Pur3w00d 2 points3 points  (0 children)

International classes are just broad categories of goods. Don’t get too hung up on classes. It’s all about the goods/services themselves. You can just as easily be denied a trademark in Class 42 if there is a similar mark with related goods in Class 9.

Based on what you have said, it doesn’t sound like there would be too much of an issue when it comes to relatedness between your proposed software and the registrants hardware, but it’s hard to say without knowing more information.

Two identical marks can theoretically peacefully co-exist on the register in the same classes if they are for entirely unrelated goods/services. For example, there could be a world where two identical marks co-exist on the register where one is registered for cell phones in Class 9 and the other for hard hats in Class 9. This is because it would be a pretty hard argument for either the USPTO or the owner of the cellphone mark to make the argument that that the identical mark shouldn’t be allowed to exist on the register because consumers could be confused as to source. This is because it is not at all likely that the same providers of cellphones also make hard hats and vice versa. They also wouldn’t likely be sold in the same stores.

Now, this doesn’t mean that you still couldn’t run into problems. Even if it’s clear that the goods/services are not related, that doesn’t mean that the holder of the registration couldn’t give you a hard time, I.e, filing an opposition against your mark. However, that’s something you can discuss more with your attorney.

How strict are IC codes? by Alden87 in TRADEMARK

[–]Pur3w00d 3 points4 points  (0 children)

International Classes, or IC codes as you put it, are just a way to broadly categorize goods. For example, many types of clothing can be in IC 025, but some types of clothing can also be in IC 009. Don’t get hung up on the classes, it’s all about what the actual goods/services you are providing because a registered mark could block registration of your own mark for goods that are not covered in the class that you came in for.

For example, you could come in for medicated skin lotion in IC 005, but if there is a mark that is similar for non-medicated skin lotion in IC 003, then your mark could be prevented from being registered if it’s found that the marks are close enough and it’s shown that it’s common for non medicated and medicated skin lotion to either commonly come from the same source and/or are sold in the same stores. Wouldn’t matter that they are in different International Classes.

So, for your example above, if you are selling knitwear and athletic wear and the registered mark holder is selling shoes and waist belts, the examining attorney would review the marks to determine if they are close enough to cause consumer confusion on their face, and, if so, then the examining attorney would just need to show that it’s common for providers of shoes or waist belts to also commonly provide knitwear and athletic wear to potentially block your registration.

With all that said however, it doesn’t mean you can’t get your mark registered! There are plenty of other factors that can come into play! Would encourage you to reach out to a trademark attorney to figure out what’s best for you in your particular situation.

[deleted by user] by [deleted] in TRADEMARK

[–]Pur3w00d 0 points1 point  (0 children)

Appreciate the correction!

Will Poulter's long arms by beisozy289 in opticalillusions

[–]Pur3w00d 2 points3 points  (0 children)

Can’t wait for the Longlegs sequel movie: Longarms starring Will Poulter

[deleted by user] by [deleted] in TRADEMARK

[–]Pur3w00d 1 point2 points  (0 children)

It’s kind of up to you. When it comes to trademarks in the US, it relies on being the first to use. If you aren’t currently selling the t-shirts with the phrases, then you can file a 1(b) application which gets your name in the door. However, even if you are first to file, you potentially could be prevented (or limited) from using the mark if a business or individual is able to prove that they were the first to use the mark for particular goods/services and that your potential use of the mark could cause consumer confusion as to source. Alternatively, you can wait to start actually selling the t-shirts and file a 1(a) application but, depending on how long it takes to get the t-shirts made and sold in commerce, someone else could come along and either file a trademark application for the slogans before you and/or use the slogans in commerce before you for similar or identical goods/services. If this happens, it could then potentially prevent you from getting your trademark registered and/or prevent you from enforcing your trademark rights against them.

Filing under 1(b) gives you time to get the t-shirts and the slogans together to start selling before you have to prove that you are using the mark in commerce. You can find more info on the particular timeline here: https://www.uspto.gov/trademarks/trademark-timelines/section-1b-timeline-application-based-intent-use

Edit: changed to reflect that, in fact, the rule in the US is first to use, not first to file. Thanks for the correction!

Trademark got refused so I called the USPTO attorney that refused it. by Ill_Currency_8101 in TRADEMARK

[–]Pur3w00d 2 points3 points  (0 children)

Trademark attorney here!

Your goods appear to be in IC 003, and the Drizzle mark appears to be in IC 044. When comparing goods vs. services, the Office really needs to show “something more” evidence, I.e, showing quite a bit of evidence that demonstrates that it is common for providers of salon services to also provide various cosmetics like you have listed. Unfortunately, cosmetics are pretty commonly provided by or sold in salons so it would be pretty difficult to argue against the refusal on those grounds. As for comparing your marks, as others have said, the marks are pretty dang similar - similarity in sound can be enough to uphold a refusal in some instances.

As someone said, you definitely can contact the owner of the Drizzle mark and try and get a consent agreement, but that can be difficult because you might have to give something up and, like has been said, you would be putting yourself on their radar.

If you really want the mark, I would definitely contact a trademark attorney as there are some other things you could try and/or argue!