# trademark...notice of publication



## Binary01 (Jun 2, 2007)

so i think i'm in the last of the long process for my trademark... right now it's in "notice of publication" listed on june 8/2008

i heard they list it for a month and then if there isnt any issues then it's "official".....

i'm been wating for 2.5 years for this....


b


----------



## SBEMedia (Jun 26, 2008)

Well you'll have to wait a little bit longer....I've been waiting on some trademarks for 3+ years now....woohoo


----------



## CaliChingon (Aug 4, 2008)

wow it takes that long to get a trademark? Im still in the Design and planning stage of my company but it looks like i will have to get going on that trademark. If I may ask why does it take so long? And the obvious question is can you still make shirts even if your trademark is pending? thanks


----------



## Jasonda (Aug 16, 2006)

CaliChingon said:


> And the obvious question is can you still make shirts even if your trademark is pending? thanks


Yes.. and you can use "TM" in the meantime. You can only use the circle R symbol when the registration is complete.

You should, however, do a TM lookup to make sure nobody else is using your name for apparel before you start using it. There's a link for Trademark Search on the left sidebar under Resources.


----------



## SBEMedia (Jun 26, 2008)

CaliChingon said:


> wow it takes that long to get a trademark? Im still in the Design and planning stage of my company but it looks like i will have to get going on that trademark. If I may ask why does it take so long? And the obvious question is can you still make shirts even if your trademark is pending? thanks


Well, Sr. Mero, mero...it takes a long time just for the filing and then if there are any ancially filings/disputes with the USPTO or other office actions you have to follow up with that. Then, once it's all said and done, the true merit and/or value of a trademark is after litigation because then you can prove you defended and won your case...this is the ultimate test.


----------



## CaliChingon (Aug 4, 2008)

thanks jasonda really helpfull I have checked and its not in use right now so everything is going smooth just gotta do more research and be good to go. Good Point tom Thats why I will most likely wait untill its all said and done. Its more like a Hobby For now. If im succesfull than I will take it one step at a time.


----------



## Basikboy (Aug 28, 2007)

Now when searching through the trademark site to see If your name Is taken or not do you search various ways your name could be used by someone else? Example: your company name Is "COOL" would you have to search other variations like Kool, Be Cool,2 Cool, Koolio, etc. I am just wondering if something else Is close to the name you like but not exact but both selling clothing would there be a problem? Thanks!


----------



## SBEMedia (Jun 26, 2008)

Yes it could be a problem, really depends on who owns the trademark and how much money you have to fight back against it. For example, I had a trademark which 'sounded' too much like a movie studio's film, even though we weren't in the movie business, we were in the special event 'attraction' industry and thus the legal back and forth. Rather than push the matter, which they were fully prepared to take to court, I ended up dropping the trademark.


----------



## Basikboy (Aug 28, 2007)

Did the trademark office let you know about this before you went through with it or did this happen after you trademarked already?


----------



## Jasonda (Aug 16, 2006)

Basikboy said:


> Did the trademark office let you know about this before you went through with it or did this happen after you trademarked already?


Your trademark can conflict with another trademark during the initial search, during the registration process or afterwards.

You will really need to speak to an IP attorney to get more info if the name you want to trademark is very similar to something that already exists.


----------



## SBEMedia (Jun 26, 2008)

I'd definitely consult with an attorney, even though ours didn't see this one coming especially since we were in different filed under different classes...but good companies do fight to keep their intellectual property intact, as they should, so I can't really argue against'em


----------



## Mark_S (May 21, 2008)

I don't think searching on your own is good enough - as others have said - I think you need to get a pro search service - I would also buy the Nolo book on Trademarks most things you think are OK are not. 

It takes quite a while to come up with a name that is not is use or that does not sound like another name or is too similar to another one. 

My 2 cents


----------



## Binary01 (Jun 2, 2007)

i had an issue with nordstrom on my line.... took about 6 months to figure it out...luckily my lawyer was able to "stylize" my tradmark and make it happen...... so it worked out...just hope i dont have any other b.s. along the way......

b


----------

