# Trademarks and logos



## jasonsmith (Mar 30, 2011)

If you have a brand name and some logos you wanted to trademark. Do you have to trademark each one seperately?

Example. If I had a brand name "Jiggy Mabop". And I have a graphic design for the logo. Kind of like Nike and the swoosh.

Can I trademark both together and pay a single filing fee. Or do I have to trademark both seperately? And what about if I have one brand name, but two logos?

I'm not sure if Nike has the swoosh logo trademarked seperately. But I did find this image on a trademark of theirs:


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## PositiveDave (Dec 1, 2008)

Just ring the trademark office and ask them, after all, they will know what you can do.


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## kimura-mma (Jul 26, 2008)

Each mark that you want to register (and protect) needs to be submitted separately.

If you submit the brand name and logo together (which you are allowed to do), the registration will be considered one mark. So the logo by itself will not be registered. And the brand name by itself will not be registered (this is important because it means you will not have broad protection rights to the brand name).

If you have a brand name and two logos, I would suggest registering the brand name separately as a "standard character mark." That should be the priority.

Then you can register the two logos, each as a "stylized or design format." They need to be registered separately. You can either combine the logo with the brand name, or keep it as just the logo. You should decide based on how each mark will be used in commerce.


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## jasonsmith (Mar 30, 2011)

Looks like what I'd want to do is just register the brand. And I'll let the logos have copyright protection. As I have a bunch of designs I plan on printing on shirts. And I picked one of those designs for the brands logo.

Or I might could just use "TM" for the logo instead of registering it.


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## drock (Mar 16, 2011)

all other responses are correct, but my advice do go near nike they got lawyers up the *** and can stomp your operation out and make you pay their legal fees


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## kimura-mma (Jul 26, 2008)

He's not going near Nike. He was just using an example of a brand name and symbol being registered as one mark.


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## jasonsmith (Mar 30, 2011)

kimura-mma said:


> He's not going near Nike. He was just using an example of a brand name and symbol being registered as one mark.


Yeah, that is right. I was just using Nike as an example.

Though, how would you search for their "Swoosh" trademark? It is a graphic, so you can't use words to search it. I was just interested in seeing how their logo was registered.


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## kimura-mma (Jul 26, 2008)

When you're using the search feature, there should be a drop down menu that allows you to search the trademark owner's name. So search for Nike with that option selected and you should find it.


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## jasonsmith (Mar 30, 2011)

Well, I ended up finding a trademark brand that is similar to what I was going with. Though, they have misspelled the words. And they took two words and made it into one word.

For example. Say my brand is two words as:

"Golden Money"

They have a trademark for clothes as one word as:

"GOLDNMUNY"

Not sure if that is close enough. But they misspelled the words, and they made one word out of two.


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## kimura-mma (Jul 26, 2008)

It's probably best to check with an attorney. But I would say your submission would get rejected. At the very least, the current trademark owner can oppose your application. Three of the factors that an examining attorney will look at is sight, sound and meaning. While the sight may be different, the sound and meaning of the two marks in your example are too similar. So if this is indicative of your mark, it may be best to choose something else.


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## jasonsmith (Mar 30, 2011)

kimura-mma said:


> It's probably best to check with an attorney. But I would say your submission would get rejected. At the very least, the current trademark owner can oppose your application. Three of the factors that an examining attorney will look at is sight, sound and meaning. While the sight may be different, the sound and meaning of the two marks in your example are too similar. So if this is indicative of your mark, it may be best to choose something else.


Can a company trademark different variations of their own trademarks?

I noticed that company trademarking similar stuff like:

"GLDNMNY"

"GLDMNY"


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## kimura-mma (Jul 26, 2008)

Obviously they can...


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## Myth (Apr 12, 2011)

kimura-mma said:


> When you're using the search feature, there should be a drop down menu that allows you to search the trademark owner's name. So search for Nike with that option selected and you should find it.


 Where is this search feature you are talking about?


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## kimura-mma (Jul 26, 2008)

It's on the USPTO website.

Here's a direct link (click on "Basic Word Mark Search")... http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:g8ps34.1.1


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## Myth (Apr 12, 2011)

Okay, i did that. Say someone just trademarked the name i was going to use, like literally 3 days ago. I just had the logos designed and everything, our logos are different and they put "Clothing Company" at the end of their business. Will i still be able to use?


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## kimura-mma (Jul 26, 2008)

If they got it first, you won't be able to use it.


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## Myth (Apr 12, 2011)

Seriously, So im screwed?


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## kimura-mma (Jul 26, 2008)

Unless you can take them to court and prove you have been using the mark in commerce before they started using it, their existing trademark application is on record prior to yours.

It may be worth consulting with an IP attorney to be sure. But I'd say you're screwed.


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## Myth (Apr 12, 2011)

The logos are different, name is same just they have "clothing company" at the end. Also they are in different state.


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## kimura-mma (Jul 26, 2008)

Myth said:


> The logos are different


If their application is for a "standard character mark," then it doesn't matter what the logos look like. They will have broad protection rights to the brand name.

If their application is for a "stylized design," then consult an attorney and see what they say.

But I highly doubt you can register the same name for the same class of goods. That's the whole point of the trademark registration process. So it limits confusion in the marketplace.



Myth said:


> name is same just they have "clothing company" at the end


The descriptive element of the mark doesn't matter. If the distinctive element is the same, you are going to have a hard time getting it registered.



Myth said:


> Also they are in different state.


They applied for a federal trademark registration. It doesn't matter what state they live in.


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## Myth (Apr 12, 2011)

Kimura i sent you a PM.


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