This is why having an attorney can be quite beneficial. You do not submit 2 application filing fees or "re-register the 'full' trademark application" when you file an intent-to-use application. Rather, when you file with intent-to-use, in order to complete the registration process (assuming no substantive refusals) you need to eventually submit evidence of use. There are separate USPTO filing fees for submitting this evidence of use and/or for filing an extension of time.
Does "Use the mark" also counts (.com) websites ?? The name a.k.a the ("mark") is clearly shown on the website from page along with other locations of the webpage such as the header, footer, Aside and other pages such as the contact & info about page. Also the mark is used & clearly shown on other publicly visible & available website services such as Twitter, Soundcloud and Facebook and many other social media sites.. Will that count as "currently using the mark" . ?? . Also on 10:50 - I have a huge question........... Lets say someone had a name as a performing artist by the name (for example) "Snake", and that person gained 2-k people fanbase on that name. Then one day they see someone with a name that they like and decide to start using it, such as a name like "Cosmic Man". Mind you, this person that basically seen someone else use Cosmic Man as a stage name already, but decides to go ahead and take the name and use it. That person DIDNT gain the 2-k people fanbase off of Cosmic Man but rather with the name/brand/mark "Snake". And Cosmic Man has been using the name (for example) since 2010 in all the social media platforms & (.com) website. and here comes "Snake" stealing the name Cosmic Man from someone else. What does a person do then.? This Snake guy will then deceive a judge by telling the judge that he is more famous, but the judge doesnt know that the famous aspect actually came from the usage of the name "Snake", and not from the name he stole which was Cosmic Man. Plus the proginal person using Cosmic Man has proof that the mark Cosmic Man has been in use on social media since 2010, while "Sake" recently just changed his name from "Snake" to Cosmic Man on 2015, 5 years later..... Will a judge or even USPTO lawyers see that "Sake is trying to deceive people & stealing someones name.??? Through common law usage of the name ???
Thanks for your question - I cover topics such as this on my social media accounts. Follow me on Facebook at facebook.com/tm4smallbiz and on instagram at instagram.com/making_trademarks_bloom/ for more insights and updates.
Does a trademark work backwards as for protection? What I mean is, I have a "mark" idea that I thought was unique until I started looking around. It turns out that the domain name has already been purchased a few years ago, but it currently goes nowhere. I think they bought it just in case, or maybe with the intent of selling it. My question is if I trademark it now, does that give me the right to the domain name, or at least stop them from being able to use it?
A very informative over view thank you for the update.
This is why having an attorney can be quite beneficial. You do not submit 2 application filing fees or "re-register the 'full' trademark application" when you file an intent-to-use application. Rather, when you file with intent-to-use, in order to complete the registration process (assuming no substantive refusals) you need to eventually submit evidence of use. There are separate USPTO filing fees for submitting this evidence of use and/or for filing an extension of time.
It's actually in the regular TM application, there's just a "1b" box within the application that you mark to indicate intent to use.
Does "Use the mark" also counts (.com) websites ??
The name a.k.a the ("mark") is clearly shown on the website from page along with other locations
of the webpage such as the header, footer, Aside and other pages such as the contact & info about page.
Also the mark is used & clearly shown on other publicly visible & available website services such as Twitter, Soundcloud and Facebook and many other social media sites..
Will that count as "currently using the mark" . ??
.
Also on 10:50 - I have a huge question........... Lets say someone had a name as a performing artist by the name (for example) "Snake",
and that person gained 2-k people fanbase on that name.
Then one day they see someone with a name that they like and decide to start using it, such as a name like "Cosmic Man".
Mind you, this person that basically seen someone else use Cosmic Man as a stage name already, but decides to go ahead and take the name and use it.
That person DIDNT gain the 2-k people fanbase off of Cosmic Man but rather with the name/brand/mark "Snake".
And Cosmic Man has been using the name (for example) since 2010 in all the social media platforms & (.com) website. and here comes "Snake" stealing the name Cosmic Man from someone else.
What does a person do then.?
This Snake guy will then deceive a judge by telling the judge that he is more famous, but the judge doesnt know that the famous aspect actually came from the usage of the name "Snake",
and not from the name he stole which was Cosmic Man.
Plus the proginal person using Cosmic Man has proof that the mark Cosmic Man has been in use on social media since 2010, while "Sake" recently
just changed his name from "Snake" to Cosmic Man on 2015, 5 years later..... Will a judge or even USPTO lawyers see that "Sake is trying to deceive people & stealing someones name.???
Through common law usage of the name ???
Thanks for your question - I cover topics such as this on my social media accounts. Follow me on Facebook at facebook.com/tm4smallbiz and on instagram at instagram.com/making_trademarks_bloom/ for more insights and updates.
@@makingtrademarksbloom
Sorry but I dont use Facebook or any of their subsidiary companies..
Does a trademark work backwards as for protection? What I mean is, I have a "mark" idea that I thought was unique until I started looking around. It turns out that the domain name has already been purchased a few years ago, but it currently goes nowhere. I think they bought it just in case, or maybe with the intent of selling it. My question is if I trademark it now, does that give me the right to the domain name, or at least stop them from being able to use it?
I have the same question;did you found out how to get it?
how do i send a pic to teas for trademark?
do you have to pay both :the regular trademark application fee plus the intent to use application?
thanks gambino !