Hi thank you for this video! I have a question, I filed my trademark Logo in one color but have it printed in a different color on the items I sell. Will my SOU be denied?
If your logo was filed with color claimed as a feature of your trademark, then specimens showing your logo in different colors will not be acceptable. If your logo was filed without claiming color as a feature, then colors in your specimens will be disregarded, and thus, acceptable.
If you file electronically (as you would in 99.9% of the cases), you would file evidence as image files (JPG or PDF). Audio files may only be acceptable if you have a sound trademark (which is an extremely rare occurrence, like the trademarked sound of MGM's roaring lion).
Hi thanks for the video! So basically just of of those listed condition is enough? Like for instance a picture of my existing product with the brand name and logo on it is enough or I also need to provide the webpages, invoices etc?
Great Video BTW!..i have a question, what about writing the actual Description of Specimen? how would that look,do you have to go into detail or ?..an example of a Wrotten DOS,would gladly be appreciated, Thanks again
Thank you for your feedback. Description is usually something very simple, like "screenshot from website at URL", or "photograph of product", or "photo of packaging with the trademark shown in the top left corner of the photo". Something like that
At 1:34 in I see you have " . . .as filed or (or as registered) . . ." I thought that would be the same thing. Is there a difference? BTW, I think you are one of the best dressed lawyers I've seen on RUclips. You've got great style dude!
Thanks for the compliment :) To answer your question, the list of goods and services may change over time. You may have a list of 10 goods and services when you file your application. By the time, it gets approved by the Trademarks Office, it may shrink to, let's say 7. Then, when renewal comes, you may drop a few more because you're no longer using them and don't want to pay renewal fees on those.
As long as it's not a digital mockup and as long as your tag is properly attached to your apparel and as long as the tag prominently features your brand--you should be good to go. But that's a lot of "as longs" :)
@@WorldHustleNews "Ready" is not good enough for the USPTO. It needs to be actually retailed. You must have actual sales before you can claim that you have use in commerce.
@@trademarkfactory I heard there is not an actual count of sales is that true because I’m at the sou stage with only a few sales should I get an extension and gain more sales?
Great info, thanks. I'm almost ready to launch a single product via e-commerce. Can I trademark my company name for future use before selling anything?
A great deal, if not most, of trademarks are filed BEFORE there's actual use in commerce. Note that while you can FILE your trademark before there's use, your trademark won't register until you've provided to the USPTO the acceptable specimen of use to show you have use in commerce (which was really what this video is about). So in your case, I would file your trademark ASAP and then when it gets allowed, provide proof that you're already selling your product to get it to registration.
They don't. As you know, you can FILE your application without sales. But it will not get REGISTERED until they show sales. So what they often end up doing is file a trademark, get it allowed, request a few extensions of time to file SOU and file a NEW application for exactly the same thing so that when the old application dies, they have a new one in the roster. Luxury of having extra budget to keep filing trademarks that are not designed to mature to registration.
@@trademarkfactory on my website I will sell coffee mugs and sell defense keychains. I know I can put a logo on the bottom of my mugs as described in your video. But is it possible for me to use my logo for my self defense keychains?
@@mymym5462 Outside of the context of what constitutes an acceptable specimen of use for the USPTO, you can place your logo anywhere you want on any products. Within that context, placing the logo on the product itself is usually acceptable unless the use is ornamental (that is unless the phrase or image are placed on the product because the image looks good or the phrase conveys a certain message) rather than for the purpose of helping the public identify your products from identical or similar products of everyone else.
Hi. I have a product with the brand name fixed on the product. If I only attach one picture of me holding the product on my hand, is that enough to show the evidence? Or do I need to add on extra specimen to show prove of use?
You holding the product in your hand will address possible allegations that all you have is a digital mockup. Having said that, your photos must clearly show your BRAND on the product. In other words, your goal is not to prove that you have a PRODUCT. Your goal is to prove that your BRAND is placed on your product that is being offered for sale. Hope this helps.
This depends on whether you filed your trademark in class 035 (for online store) or for one of the product classes. If it's class 035, then a product page with your store's name/logo should be sufficient. If you filed in one of the product classes, then it may be tricky--especially if you sell several brands on the same page.
Hi. I am looking to trademark a name and a slogan. I am aware I should file both separately. Both are on a sticker that I attach to my products. My products are herbal teas (In pink packaging with clear window or fully clear bags), (In jars) seamoss, and herbal drinks in plastic cups. My question is.. if you have time... what class should they be in (name Trademark and slogan Trademark)? Would a picture of the sticker on the packaging work? With the tea inside the packaging? Same for the seamoss? The slogan is under the name. Would a picture of the sticker suffice? But as a specimen of the slogan in use should I also use a picture of the sticker on a gift bag? I'm so confused. Please help. Please.
You have to show the brand on the product or its packaging-even if it's attached to the product or the packaging by way of a sticker. It's not enough to just show the sticker, because you can attach the sticker to literally ANYTHING. You're not in the business of selling stickers, you're in the business of selling teas and other stuff you mentioned. Hope this helps.
So much more information than the USPTO website...thank you!
Glad it was helpful!
This video is golden! Thanks for this. Very informational and NOT BORING!
Thank you for the kind words :)
Thank you for clear, useable, actionable information!
Thank you for your kind feedback! I'm glad you found the video useful.
Thanks for all this great information, clear and straight to the to the point.
Thank you
Hi thank you for this video! I have a question, I filed my trademark Logo in one color but have it printed in a different color on the items I sell.
Will my SOU be denied?
If your logo was filed with color claimed as a feature of your trademark, then specimens showing your logo in different colors will not be acceptable. If your logo was filed without claiming color as a feature, then colors in your specimens will be disregarded, and thus, acceptable.
How do you send this evidence? Like an audio will it be through a usb or email?
If you file electronically (as you would in 99.9% of the cases), you would file evidence as image files (JPG or PDF). Audio files may only be acceptable if you have a sound trademark (which is an extremely rare occurrence, like the trademarked sound of MGM's roaring lion).
Hi thanks for the video! So basically just of of those listed condition is enough? Like for instance a picture of my existing product with the brand name and logo on it is enough or I also need to provide the webpages, invoices etc?
Yes, usually the picture is sufficient but be prepared to provide more evidence if the USPTO so requests.
@@trademarkfactory Ow thank you so much ☺️
I hope you succeed, this is a great and educational content for an important topic. Thanks!
Much appreciated!
Great Video BTW!..i have a question, what about writing the actual Description of Specimen? how would that look,do you have to go into detail or ?..an example of a Wrotten DOS,would gladly be appreciated, Thanks again
Thank you for your feedback. Description is usually something very simple, like "screenshot from website at URL", or "photograph of product", or "photo of packaging with the trademark shown in the top left corner of the photo". Something like that
At 1:34 in I see you have " . . .as filed or (or as registered) . . ." I thought that would be the same thing. Is there a difference? BTW, I think you are one of the best dressed lawyers I've seen on RUclips. You've got great style dude!
Thanks for the compliment :)
To answer your question, the list of goods and services may change over time. You may have a list of 10 goods and services when you file your application. By the time, it gets approved by the Trademarks Office, it may shrink to, let's say 7. Then, when renewal comes, you may drop a few more because you're no longer using them and don't want to pay renewal fees on those.
Very beneficial video 👍🏻👍🏻
Glad it was helpful!
I have the neck tag and hangtag showin on tshirt is that good
As long as it's not a digital mockup and as long as your tag is properly attached to your apparel and as long as the tag prominently features your brand--you should be good to go. But that's a lot of "as longs" :)
@@trademarkfactory Thanks yeah it’s retail ready
@@WorldHustleNews "Ready" is not good enough for the USPTO. It needs to be actually retailed. You must have actual sales before you can claim that you have use in commerce.
@@trademarkfactory yes I have sold a few on my Shopify not many
@@trademarkfactory I heard there is not an actual count of sales is that true because I’m at the sou stage with only a few sales should I get an extension and gain more sales?
Great info, thanks. I'm almost ready to launch a single product via e-commerce. Can I trademark my company name for future use before selling anything?
A great deal, if not most, of trademarks are filed BEFORE there's actual use in commerce. Note that while you can FILE your trademark before there's use, your trademark won't register until you've provided to the USPTO the acceptable specimen of use to show you have use in commerce (which was really what this video is about).
So in your case, I would file your trademark ASAP and then when it gets allowed, provide proof that you're already selling your product to get it to registration.
For class 14 (jewelry sales) would taking a picture of my website add to cart page be enough.. what are my options?
Unlikely. Much better if you have photos of the brand on the jewelry itself or its packaging. Shopping cart MIGHT be accepted but is a lot more "iffy"
Thank you
Glad you found it useful! Make sure to check out our other videos on trademarks.
#TGTT
#InformativeAsAlways
So how they trademarking without sales I’m at the sou sTage
They don't. As you know, you can FILE your application without sales. But it will not get REGISTERED until they show sales. So what they often end up doing is file a trademark, get it allowed, request a few extensions of time to file SOU and file a NEW application for exactly the same thing so that when the old application dies, they have a new one in the roster. Luxury of having extra budget to keep filing trademarks that are not designed to mature to registration.
Nice video thank you
I just found out the USPTO makes all personal info public record. Anyway around this?
The easiest one is to incorporate a company and file your trademark in the name of the company.
What about self defense keychains ? I'm applying for a resellers license to sell self defense keychains but I don't know how I can use my logo for it?
Can you rephrase your question? Not sure I understand.
@@trademarkfactory on my website I will sell coffee mugs and sell defense keychains. I know I can put a logo on the bottom of my mugs as described in your video. But is it possible for me to use my logo for my self defense keychains?
@@mymym5462 Outside of the context of what constitutes an acceptable specimen of use for the USPTO, you can place your logo anywhere you want on any products. Within that context, placing the logo on the product itself is usually acceptable unless the use is ornamental (that is unless the phrase or image are placed on the product because the image looks good or the phrase conveys a certain message) rather than for the purpose of helping the public identify your products from identical or similar products of everyone else.
Hi. I have a product with the brand name fixed on the product. If I only attach one picture of me holding the product on my hand, is that enough to show the evidence? Or do I need to add on extra specimen to show prove of use?
You holding the product in your hand will address possible allegations that all you have is a digital mockup. Having said that, your photos must clearly show your BRAND on the product. In other words, your goal is not to prove that you have a PRODUCT. Your goal is to prove that your BRAND is placed on your product that is being offered for sale. Hope this helps.
@@trademarkfactory Thanks a lot 👍
Pls help me sir! I’m trying to sell online like eBay and the rest, I buy and resell which trademark I’m going to be group in or accepted
You would need to file your trademark in classes reflecting your products.
If I’m trying to trademark the name of my e-commerce store that has no logos on the physical product can I just use the product page as a specimen?
This depends on whether you filed your trademark in class 035 (for online store) or for one of the product classes. If it's class 035, then a product page with your store's name/logo should be sufficient. If you filed in one of the product classes, then it may be tricky--especially if you sell several brands on the same page.
Hi. I am looking to trademark a name and a slogan. I am aware I should file both separately. Both are on a sticker that I attach to my products. My products are herbal teas (In pink packaging with clear window or fully clear bags), (In jars) seamoss, and herbal drinks in plastic cups. My question is.. if you have time... what class should they be in (name Trademark and slogan Trademark)? Would a picture of the sticker on the packaging work? With the tea inside the packaging? Same for the seamoss?
The slogan is under the name. Would a picture of the sticker suffice? But as a specimen of the slogan in use should I also use a picture of the sticker on a gift bag? I'm so confused. Please help. Please.
You have to show the brand on the product or its packaging-even if it's attached to the product or the packaging by way of a sticker. It's not enough to just show the sticker, because you can attach the sticker to literally ANYTHING. You're not in the business of selling stickers, you're in the business of selling teas and other stuff you mentioned. Hope this helps.
@@trademarkfactory thank you very much.