If I Register My Trademark, Does It Mean No One Can Use It? | Trademark Factory® FAQ

[@Andrespiritus]

Finally a video that cleared up what I really wanted to know about trademark (international), thank you sir👍🏼

[@ggpaula6476]

Very well done ! One more good video!

[@trademarkfactory]

Thanks again!

[@MrVuittonDon]

I sell clothing & accessories for a fashion brand. Q1. Would my NEW creative designs be protected with my trademark even though they are different looking from my inside tags. The inside item tags attached are identical representations of what's listed for my trademark with the USPTO. Would I need to have more trademarks filed for each new logo, new font, etc, displayed on the item (like a t-shirt)? Some designs would only be made for a collection and maybe never used again. Q2. If I change the design of my main insignia (inside tag, website logo name font, packaging), should I file a new trademark for protection because it will NOT be protected any longer eventhough the name is the same?

[@trademarkfactory]

And that's precisely why protecting your brand as a word mark is a higher priority than protecting the logo (design mark). Once you've protected the literal element of your brand, you don't need to trademark all design variations.

[@MrVuittonDon]

@@trademarkfactory thank you

[@KIANDKUKIDZ]

Sir, Thanks for your valuable videos. Can anyone use the trademark and the logo on the product if it is opposed by third party & the case is under the hearing.

[@trademarkfactory]

An opposition to a trademark application simply means that someone else feels that the Trademarks Office made an error in approving the trademark application and that there are reasons why the pending trademark application should not be allowed. It has nothing to do with whether others have any rights to USE the trademark.

[@KIANDKUKIDZ]

Thanks a lot sir, I really appreciate for your valuable reply. One doubt is there if anyone applied a device trademark with logo, brand name, and a Tagline but if the device mark is opposed for only logo which is used in device mark, then is he authorised to use the tagline & brand name only which is applied for trademark?

[@fsu23]

If a standard character mark covers a particular saying, but i add a different word into the saying is it still trademarked? I have a tshirt design i have used for "Best Aussie Dad Ever" relating to the best dad of a certain breed of a dog, does that infringe on the trademark that has been filed for "Best Dad Ever" ? That is the one part of trademark rules that confuses me!

[@trademarkfactory]

Hate to give this answer, but it depends. Depends on how strong is the underlying trademark and how much the addition changes it distinctive character. In your case, I would lean towards the finding that the two marks are confusingly similar and that the addition of a descriptive adjective does not take away from the mark without the adjective. Also watch this: kzbin.info/www/bejne/iWi3aoSYncmNj7s

[@fsu23]

That helps clear it up, and maybe i will just avoid using that phrase with the additional adjectives with it. Can you help me understand the current status of the trademark? I click on it and it says this for Status: "A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page." Does this mean if they do not respond it will be taken down?

[@trademarkfactory]

From the wording, I gather it's a U.S. trademark. Click on the link that says TSDR-and you will be able to read the actual letter that USPTO sent to the applicant and evaluate the concerns USPTO raised against registrability of that trademark. But short answer to your question is yes, if you do not respond to an office action, your application will be deemed to have been abandoned. Does it mean you can use your mark? Maybe or maybe not. You need to see WHY the other side's application is being refused.

[@fsu23]

Thanks for the help, now if i changed my saying to Best "dog breed or topic" Dad, i should be in the clear i would assume because i am not using the full term that may be confused with the actual trademark of Best Dad Ever? Am i correct in assuming that?

[@manohar.shukla]

Hi Sir, I have 2 questions.I have registered a domain name which is a name of very reputed magazine in my region. The name of the magazine is trademarked. My first question is, if I have registered this name just for sale of this domain purpose, then did I do anything illegal. If not then can I use this domain for my own same nature of work. i.e. publication of articles

[@trademarkfactory]

If you registered the domain name with the intention of selling it to the trademark owner, it can easily be taken away from you using UDRP process. Check out kzbin.info/www/bejne/hl6wmpJ9fKZqaaM .

[@manohar.shukla]

Thanks for the information. The second thing i wanted to ask is can i use this domain for my own use. Original trademark owner is a magazine publisher and i also want to publish my own copyrighted articles on this domain. Still the trademark owner can claim it using UDRP?? or through any other right??

[@trademarkfactory]

This is very fact-specific and definitely not something you want to discuss on an open-comments platform. You are welcome to book your consultation with our founder, Andrei Mincov, at TMF.Rocks/clarity

[@Bring12345]

Hi I have a question and I hope you can help me. So does trademark Protect saying the word in general converstaion or just saying the word in general? Anyways I just want to know because I know this question sounds off but I would like to know thanks.

[@trademarkfactory]

Well guess what, we have a video for that, too :) trademarkfactory.com/faq/can-i-mention-someone-elses-trademark-on-my-website

[@Bring12345]

Trademark Factory Hi again I have one more question to ask aswell. If something is trademarked or copyrighted. Is it illegal to write on paper the word or name that is trademarked or copyrighted? because honestly I am really not sure I hope you can answer it I know it sounds werid to asked but yea thank you.

[@trademarkfactory]

Did you watch the video I linked to in my previous response? No, it's not illegal to write a trademarked word on paper-as long as you are not using the word to sell products or services covered by the trademark. Here's an example. Right now, I'm writing the word "Mercedes". By doing that I did not infringe Mercedes-Benz's trademarks. But if I wrote, "I and my buddy, we make great cars in our garage. They're called Mercedes. You can order yours at mercedesfrommygarage.com . That would have been an infringement. Makes sense?

[@paulcuddle664]

So if a tshirt brand is called suns out guns out™ can I still use that on my tshirt brand as a phrase?

[@trademarkfactory]

No, because their trademark gives them the monopoly on using the phrase on tshirts.