First Look: NEW USPTO Trademark Search System || Walkthrough tutorial of how to trademark search

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Elizabeth Potts Weinstein

Elizabeth Potts Weinstein

Күн бұрын

Пікірлер: 53
@j2cute4u4eva
@j2cute4u4eva 8 ай бұрын
this was super helpful. In 2020 I got 2 trademarks granted and 1 that was denied for being too broad even though its my company name. I just got an email from someone saying that my dead TM was just applied for and that I have 24 hrs to respond before it was granted to someone else. This helped me to search to see if that was true or not.... (and it wasn't). Thanks so much!
@ElizabethPW
@ElizabethPW 8 ай бұрын
Welcome! yep that is a common scam, now!
@tytenisha
@tytenisha 11 күн бұрын
Thank you! Very helpful.
@EricJones-e6k
@EricJones-e6k 26 күн бұрын
I want to trademark “Black Flag Soccer” as a brand that sells t- shirts but there is a Black Flag Co. that sells military inspired graphic t shirts. Obviously both of us are in the same class but does the “soccer” differentiate it enough? Thanks for your thoughts.
@ElizabethPW
@ElizabethPW 22 күн бұрын
Usually a general word like "soccer" isn't enough, unless it combines with the other words to create a totally different connotation than the other trademark.
@allboutwoop
@allboutwoop 11 ай бұрын
You are so awesome. Thanks.
@enekneya7378
@enekneya7378 8 ай бұрын
@5:23 That is SOOO cool!!! Thank you!!
@itsLo_Lo_mama
@itsLo_Lo_mama 7 ай бұрын
Great video, thank you! Could you do a video that explains how to approach general words that are trademarked? For example, if someone trademarks a broad term like “graduation” for clothing, and I want to do a clothing design with more than just that word, like “2025 graduation” should I just stay away from it? It seems like a lot of general words are being trademarked. Thank you for your videos!
@ElizabethPW
@ElizabethPW 7 ай бұрын
The short answer is that adding additional words doesn't help (unless it has a totally different connotation) -- the single-word is more broad
@Damian-lz7mr
@Damian-lz7mr 6 ай бұрын
Great informational video. I have a small important question to ask. In (15:19) you were searching the term "OAK" + "clothing" under class 25. In the results (related to class 25) we can see "OAK & POPPY" and "OAK CITY". So my question is since the word "OAK" is not trademarked alone, can we use the word "OAK" with another word to name my product? (only if the two worded phase is not trademarked) "OAK CAKES" or "OAK KITCHEN" for example? Does the same rule apply to books as well? I mean for the items in class 9,16 and 41. Thank you.
@ElizabethPW
@ElizabethPW 6 ай бұрын
So it depends on what the other words are. Like "Cakes" is a generic term for cakes, obviously, so it does not add anything trademark-y to the trademark for desserts. Unless you are not selling cakes but are selling t-shirts or something random -- then adding a word can make a difference. You can't trademark the title of a book, but generally the same rules apply for any class.
@Damian-lz7mr
@Damian-lz7mr 6 ай бұрын
@@ElizabethPW Thank you so much 🙂
@benhezroni6394
@benhezroni6394 9 ай бұрын
Thank you!!!!
@ElizabethPW
@ElizabethPW 9 ай бұрын
You're welcome!
@Mikeppodcast
@Mikeppodcast 4 ай бұрын
@Elizabeth Potts Hello, if I want to trademark “Super” but “Super Dupper” is trademarked will mines be denied? I see a lot of names close to mines with other words but not by itself.
@ElizabethPW
@ElizabethPW 4 ай бұрын
Depends on how close the classes are
@Mikeppodcast
@Mikeppodcast 4 ай бұрын
@@ElizabethPW Ah ok, I want mines in cleaning business and theirs is in cleantech
@abdullahimuhammadnaseer3650
@abdullahimuhammadnaseer3650 4 ай бұрын
Awesome.
@MsOlympia
@MsOlympia 8 ай бұрын
Did a thorough search on USTPO and could not find a trademarked name I'm interested in, however I did find the name being used when I googled it. Could not find it anywhere on USPTO. Is it possible it's being used but not trademarked?
@ElizabethPW
@ElizabethPW 8 ай бұрын
Yes it is possible. It could be a problem when you apply for a USPTO trademark (because they may have some common law rights), but it depends on many factors.
@MsOlympia
@MsOlympia 8 ай бұрын
@@ElizabethPW Thanks for taking the time to answer this question. Very very helpful. I have subscribed and love your channel.
@peace.n.blessings5579
@peace.n.blessings5579 7 ай бұрын
Thank you
@NatureResonance.
@NatureResonance. 6 ай бұрын
hi Elizabeth, great video, is really helpful. can you please make a video of how can we search trademarks for books kdp amazon? 🙏
@ElizabethPW
@ElizabethPW 6 ай бұрын
So you cannot trademark the name of a book title unless it is series
@flipyourcube
@flipyourcube 8 ай бұрын
When it comes to word marks, if it’s a common word, such as juggle and has a license for computer services and babysitting.. does that mean it’s still allowable for other uses; such as clothing, consulting, etc?
@ElizabethPW
@ElizabethPW 8 ай бұрын
It might be, if those other uses are not overlapping. So like shoes and coaching do not usually overlap, but coaching and consulting do overlap.
@erikaazarcoya2785
@erikaazarcoya2785 5 ай бұрын
Hi, how to check if a quote is trademarked or free to use in Tumblers? Thank you in advance!
@ElizabethPW
@ElizabethPW 4 ай бұрын
Quotes are not trademarked. They are protected under copyright law and right to privacy / publicity.
@erikaazarcoya2785
@erikaazarcoya2785 4 ай бұрын
@@ElizabethPW how to check for copyright and privacy quotes?
@mfarooqiqbal
@mfarooqiqbal 11 ай бұрын
In expert mode if we refine our search by putting required goods and services, and then if we don't see any liklihood of confusion in those less number of searches, will that be sufficient to finalize our trademark?
@ElizabethPW
@ElizabethPW 11 ай бұрын
The trademark office does their own search, which includes google
@mfarooqiqbal
@mfarooqiqbal 11 ай бұрын
@@ElizabethPW thanks they do multiple researches
@sizzlereel
@sizzlereel 9 ай бұрын
How do I trademark search for a game show title where there are 4 words in the title? When I did it, it came up with titles for each individual word and not the combined words...
@ElizabethPW
@ElizabethPW 9 ай бұрын
Put quote marks around it "" to search for it exact
@seizeself-loveself-care9869
@seizeself-loveself-care9869 10 ай бұрын
Could you do a video on dissolving a nonprofit? My Secretary of State rejected my voluntary dissolution because they said I need to find the correct class. Could your video outline one with assets and one without, mine is fairly new so I’ve done literally nothing including the first board meeting. My co founder had to back out. Thanks for all your helpful videos.
@ElizabethPW
@ElizabethPW 10 ай бұрын
I don't know much about non-profits - check out www.fplglaw.com/
@caregiversrock
@caregiversrock 10 ай бұрын
Thank you!
@TheLawToday
@TheLawToday 4 ай бұрын
The ID Manual reports that “political parties” are under class 35. However, the RNC is listed only under class 042. Why is that?
@ElizabethPW
@ElizabethPW 4 ай бұрын
You file under what you monetize. Like RNC could probably file for tee-shirts if they are selling them
@keithn4304
@keithn4304 11 ай бұрын
Still figuring out how TM classes work. Hypothetical: If a one off restaurant in Seattle registered the name "Zapatito Cucina" in class 43, which they name their establishment. Then a wine maker later applied to trademark one of their wine flavors "Zapatito" in class 33 , would it likely be granted?
@ElizabethPW
@ElizabethPW 11 ай бұрын
It may depend on the examiner, because it depends if they think that class 43 and class 33 regularly overlap (because the same businesses have a restaurant and make wine). They look at the facts of the industries
@sanjayahlawat7773
@sanjayahlawat7773 9 ай бұрын
helpful
@ElizabethPW
@ElizabethPW 9 ай бұрын
Glad to hear that
@celestesjourneyinusa1068
@celestesjourneyinusa1068 4 ай бұрын
how about to search logo that was registered
@ElizabethPW
@ElizabethPW 4 ай бұрын
Yes I'll have to do a video about logo searching, it's kind of awkward
@gailalli8086
@gailalli8086 8 ай бұрын
Is there a way to search for a logo by image search? I have a registered logo and I want to know who owns the trademark for it.
@ElizabethPW
@ElizabethPW 8 ай бұрын
I don't think there's a true reverse image search, but left of the search bar there's a pull down menu and you change it to "mark description" and put in descriptive words (like "lion with a circle around it")
@nextvip9949
@nextvip9949 10 ай бұрын
HOW MUCH YOU CHARGE FOR TRADEMARKED ?
@ElizabethPW
@ElizabethPW 10 ай бұрын
My Trademark Package fee is $850 not including USPTO fees
@cocohere7
@cocohere7 10 ай бұрын
How many days to take trademark ? If you can ?
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