6 Most Common Trademark Registration Mistakes | Trademark Attorney Explains!

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6 Most Common Trademark Registration Mistakes | Trademark Attorney Explains!

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All Up In Yo' Business with Attorney Aiden Durham

Күн бұрын

Learn some of the most common mistakes that people make on their federal trademark applications and during the trademark registration process and tips on how to trademark a business name.
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trademark application online trademarking a name and logo trademark business name trademark search

Пікірлер: 149

@rodee1671 3 жыл бұрын

These are always perfect length, succinct but adequate for getting one's head around the subject. Thanks.

@allupinyobiz 3 жыл бұрын

Yay! That's exactly what I'm aiming for. :-) Thanks!

@creativedreamersinc.9319 3 жыл бұрын

This is good info. Can you do a video explaining "free" or low-cost options available to people who can't afford application fees, hiring lawyers or other business expenses when starting out? Thanks!

@KEYDOOR 2 жыл бұрын

Business is business. Ain't no free options

@babypinhead7656 Жыл бұрын

@@KEYDOOR advice that every new business owner needs to hear 🎯

@rollingratchet Жыл бұрын

If U do it Urself, it's only $250

@Pennie123 3 жыл бұрын

Very valuable information. Thank you for sharing!

@allupinyobiz 3 жыл бұрын

Thank you for the kind comment!

@bluesrockngearwjoeyg8853 3 жыл бұрын

Love your channel! Always look forward to the information you share with us.

@christianmflores2411 2 жыл бұрын

Excellent video! Thanks...

@AkireMaru 3 жыл бұрын

Do you have to get a different trademark for each color you use for your logo? Sometimes companies have colored, black, and white variations.

@jenniferfullagar806 2 жыл бұрын

For date of first used in commerce - does it include first time used on social media? On website? Or first use for presales of the product? Or only when the product is actually purchase-able?

@brianm.8423 3 жыл бұрын

Hi, I'm a new subscriber and I really like how you explain in detail. Please make a video about how to start an LLC. Thank you and have a safe & happy weekend!

@darryljohnson6355 Жыл бұрын

Thank you, so much. I watched two other trademark videos and they did not go into the real depth of the matter. I have written down all that I needed from your presentation. I was headed for disaster with the other videos that took 5 to 10 minutes. Thank you, I am Darry I aim to register my logo with the name.

@Titanium_Ghuleh 2 жыл бұрын

This is wonderfully helpful, thank you!

@lettymarquez1012 2 жыл бұрын

I have always enjoyed each one of your videos. Always learning something with you. thank you and God bless you always.

@vees1334 2 жыл бұрын

what constitutes as use? If you use a company name for social media while developing a product but you haven't actually sold anything yet, can someone infringe on the tm?

@rudolphpalacios5768 2 жыл бұрын

Appreciate you sharing this info and offering some insight! EXTREMELY HELPFUL

@Veritas05 Жыл бұрын

I want to say I love your vids and graphics!! Ty for the trusted info! Happy Thanksgiving😊

@keylove3189 2 жыл бұрын

Girl... when you said "All up in yo business" I subscribed!

@TopRealtor333 Жыл бұрын

Hi! I’m a New subscriber!!! Excited about my trademark. However, I’m a bit confused on something you stated on this video…. You stated…. The DATE of When I started to use my trademark? Question…. Let’s say it’s an Amazon Storefront OR an Apple App that I’ve developed? Would Then…. The DATE be THE DAY, I was approved and Up and Running that the Apple Application OR Amazon Storefront was LAUNCHED? Thanks so much for the clarification and feedback! 😊

@BoopathySrinivasan 10 ай бұрын

Thanks a lot. Very useful. Is it possible to segment the video with segment titles

@KingdomTouches 3 жыл бұрын

Great video. This has helped me a lot! Thanks

@bemacoul690 3 жыл бұрын

11:25 Right Good & service, retail website that you providing

@Karenbusters 2 жыл бұрын

Appreciate your knowledge and simple explanations! Do you have ANY video on how to file opposition answers? 🙏🏾

@allupinyobiz 2 жыл бұрын

I do have one! kzfaq.info/get/bejne/Z5aJe8mHtbDHaYU.html

@bemacoul690 3 жыл бұрын

9:17 Good & Service going to be use to connect with the trademark,

@ShopperPlug 3 жыл бұрын

Hey this video was extremely useful, Thank You! You should put an "Applaud" button on KZfaq definitely deserve some compensation for this excellent explanation. I have a main LLC company, the LLC company is interested in selling napkins on amazon, but the LLC company's name and logo does not match with the concept of napkins, the LLC company wants to differentiate and advertise the napkins as a better product on amazon. The best thing to do is to make a logo and brand that matches well for napkins. Can I trade mark a logo and brand name that matches well for napkins with out a separate LLC for it and have the main LLC own that napkin trademark? Basically what I am asking is can a LLC have multiple different types of logos and brands?

@mimseydeartist1691 Жыл бұрын

I really appreciate you and your knowledge. Thank you..

@benmurphy1207 2 жыл бұрын

You may have answered somewhere but I’m wondering how about if you want to use your trademark, a logo and name, on a t shirt but you want to use the name in different designs and configurations, do I have to trademark each style of use of the name? Thanks

@Brotha_Allen 7 ай бұрын

Very helpful thank you

@nightlifebartenders 2 жыл бұрын

Love it. This is god sent. subbed!

@bemacoul690 3 жыл бұрын

16:00 failing to make applicant requirement, out of the TESE PLUS, 1, emails 2, Other person name being using 3., Spanish word

@likedaisyduck9879 9 ай бұрын

Very informative! Thank you!

@bemacoul690 3 жыл бұрын

13:00 lawsuit suit wrong first using the trademark date on commerce

@dwadleylewis5273 3 жыл бұрын

Hi, I really enjoy your Chanel keep the good work!

@quazi.shahin Жыл бұрын

Useful tips. Thanks for the share

@AlaskaPirates 3 жыл бұрын

I really appreciate these videos. You are very helpful.

@abrianaharvey4737 3 жыл бұрын

This is soo helpful! What should I do for the date of commerce if I haven't started selling anything or using this name because I am waiting to introduce it after I have trademarked it.

@allupinyobiz 3 жыл бұрын

You'll have to file on a 1(b) intent to use basis in that case! You don't have a date of first use since you haven't started using it.

@ankitvishwakarma1 3 жыл бұрын

You are awesome and the videos are very informative. Would love if you can create a video on how active stocks traders can benefit by forming an LLC.

@kampalafilmdevelopment5242 Жыл бұрын

Great information

@amilcarfernandez2208 2 жыл бұрын

Thank you for the video. I hope to do all this myself but might reach out to you if that is okay. Thank you once again, have a great day.

@ElectrikArguement 2 жыл бұрын

Thanks for this video! However, I'm a little confused with first use. What if you haven't used it yet cause you wanted to secure the trademark first? For example, if ours is for event services, and the first event hasn't taken place, how would that work?? 🤔

@iqhawe 2 жыл бұрын

Exactly

@allupinyobiz 2 жыл бұрын

I answered your question in my recent video! Check it out at kzfaq.info/get/bejne/rJmUl8mT05urgnk.html.

@Dropthebeattv 2 жыл бұрын

Thx SO Much For your video!!!

@bemacoul690 3 жыл бұрын

7:57 Proof how we using the trademark as the same we have as the text on the website.

@fabianlawstudies9497 3 жыл бұрын

Thank you for sharing! 👍🏾

@jmer3536 2 жыл бұрын

Thank you so much for this

@evolvan1 2 жыл бұрын

Great Video You are appreciated.

@jenniferfullagar806 2 жыл бұрын

For you use “appearing different” - does that include color variations? For example we are trademarking a purple, yellow, and blue logo…. On our paper tags the logo appears the same in color But on our actual products we print it in different colors to match the product so they logo is more subtle. Is that ok?

@Adam-qr4jj 3 жыл бұрын

Great information, love the vids

@franciscomartinez6497 3 жыл бұрын

Very helpful. Thank you.

@beatzbyeddiegrimes2776 3 жыл бұрын

Definitely appreciate the content!!!

@theptonomad Жыл бұрын

Thank you so much for this! Should you use the word "The" in a trademark I'm afraid to leave it out and someone trademarks the name with it and vice versa putting it in the trademark are someone filing the name without the "the"

@goldenhoney7867 3 жыл бұрын

Thanks for the info!

@sparatikkcreations8483 3 жыл бұрын

EXCELLENT INFO!!!

@dunhillbohol 2 жыл бұрын

Hello I already have a trademark with bag, pack bag, wallet and so on.. my question is can use this trademark to the different product like lipstick?

@MimiKeel 3 жыл бұрын

Great video. Thank you!!

@allupinyobiz 3 жыл бұрын

Thank you for watching!!

@MrZ28cowboy 2 жыл бұрын

Would be better to see visuals of what you described not to do, as far as specimen vs logo.... What is an actual example of using your trademark?

@flomighty 3 жыл бұрын

I especially liked this video because it applied to me In the way of starting an online boutique, so thank you for that! though I did have some more questions of you don’t mind :) During the process of selecting the goods and services, are we limited to one term Id in a specific class? In my case I want to sell women’s clothing, accessories and shoes which I think falls under class 025 but there is not one specific term ID that includes all of this. So my question is 1) to make it easy on me do you know the specific term ID I would use ? 2) if there is not just one, can I use multiple without having to apply separately and pay separate fees.

@flomighty 3 жыл бұрын

And since I am providing a service of a convenient place to shop for my clothes(women’s clothing,shoes,accessories) , what term ID would I use and does this mean I have no actual protection over my clothes that I want to brand ?

@allupinyobiz 3 жыл бұрын

The filing fee is per CLASS; you can include as many as are appropriate! There are a few more general terms, like "tops as clothing" which is fine, or you can select more specific ones like "sweaters" or SUPER specific like "tank tops with built-in bras." Strictly speaking, it doesn't really make a difference as long as they accurately describe your products. (But sometimes there is some actual strategy to it, depending on what we find in the clearance search. That's why it's good to work with a lawyer! :-)) Your actual online boutique would be in a different class, so there'd be another filing fee for that. Take a look at class 035, something like "online retail store featuring..." Thanks so much for watching and for the great questions!

@theplotproject Жыл бұрын

Does first use apply to the phrase or specifically the logo as it is up to date? For example, I've been using the phrase of the logo since 2012 (in internet posts/ but not sold item - that came in 2022) - the logo has since been updated and finalized. is it the phrase or the logo that I have in mind in this circumstance?

@rollingratchet Жыл бұрын

I would say 2022, would be Ur 1st date of Commerce Use. But still Check with a Professional

@lesliejones873 2 жыл бұрын

Thank you 💝

@mania7927 Жыл бұрын

If you have a phrase and you check and see some of words of your ohrase is used in a registered phrase, can you then use it?

@Pure.energy10 2 жыл бұрын

Great information! So if I’m selling let’s say teeth whitening kits and the Packaging will display the business name “SNOW” do I trademark just SNOW or SNOW Teeth Whitening?

@jmer3536 2 жыл бұрын

Does the FONT matter for what your name or Logo will be? As in do you have to register the FONT being used? Thanks in advance

@lynnetteturner9585 2 жыл бұрын

Is my trademark/Copyright registration transferrable in the event of my death to my children? Am I able to list beneficiaries on my application? What rights would they have?

@appleifc Жыл бұрын

Nice.

@BattleGinga 2 жыл бұрын

How about a registration search/ registration conflicting with a "known " common law protected material already created/in use . Hiw does that play out? Thanks

@godivanubian995 10 ай бұрын

I have an intent to use trademark application pending and plan to switch to an "In Use" trademark application. How many sales do I need to satisfy the requirements to successfully obtain the trademark

@scriptimonicaonset Жыл бұрын

Thank you for your information, it's very helpful. I want to create a book called My Bucket LIst Journal, but when I put that in TESS it comes up with The Bucket List Journal. So can I use that name?

@bemacoul690 3 жыл бұрын

2:33 enough sereach on the web & trademark site

@lambo7266 Жыл бұрын

Lets say I have a TM that says FashionCity that will be sell different types of apparel. After looking looking on TESS what if it show a name that says: CityFashion Boys and is also selling the same thing but our logos are nothing alike in any way, ould I move forward with my registration?

@tariqtayab 3 жыл бұрын

I typed ellophineo business and your video showed up! lol....

@TatianaLuv 3 жыл бұрын

This is great info, what happens when the word I use for my company (DBA) for two years. I see the word is abandon. Would I be able to still submit my application?

@AlaskaPirates 3 жыл бұрын

So i searched for the name, and only came up with a twitter account, and it’s empty, no posts, no followers. The name does not pop up in the USPTO search at all. Would it be a good idea to move forward?

@enekneya7378 Жыл бұрын

If your name had a tilde in the name but when you register with an agency they do not accept the mark; do you have to trademark name twice (once with tilde and one without)?

@allupinyobiz Жыл бұрын

The USPTO accepts a tilde as a standard character. If somebody is telling you the USPTO won’t accept a mark with a tilde, find somebody else!

@EdmondLChapman 3 жыл бұрын

Very helpful

@bemacoul690 3 жыл бұрын

5:20 putting the wrong drawing, wrong name combine together

@not_enoughmana Жыл бұрын

I swear, I searched, I researched and still got an initial soft rejection asking for more information about my business and claiming the trademark is too descriptive. No direct competitors, creating a new niche so no business like it really, and the examples they used for similar descriptive language don't apply to this business in the classes I applied in. I even have examples of similar descriptive trademarks that were approved and are still Live. I feel like the USPTO has gotten more strict in the last decade or so and now most of the brands we see today would never get through an initial USPTO review. Even American Airlines or Apple would get rejected for the same reason heh. There has to be a better/faster way for folks to know what to do to actually protect the brand of a company they want to start without having to wait a year to find out if they're going to reject you. Hell, I'd even settle for the Supplemental Register at this point.

@videolife101 2 жыл бұрын

If there is a trademark that’s similar, like for example “Power Bank” and I want to do “Power & Bank” is that considered to similar (not actual trademark I’m looking to use). Also, are you allowed to use “&” in the trademark registering or does it have to be “and”? Thanks in advance for your response.

@missie5428 Жыл бұрын

Hello! A family member and I would like to trademark a fanciful name however we both want to use the name in different business ventures. One business to be a LLC. Please provide suggestions on what options we may have. I read about DBA however, we don’t want to mix money and merge liability protection.

@triciap6006 5 ай бұрын

When trade marking my bussiness name can I trade mark the name without uploading an image?

@rolandukpong7485 2 жыл бұрын

what if you have your LLC with first middle last name. Can you trade mark or copyright

@gd2860 2 жыл бұрын

Can an LLC file the trademark for privacy?

@alanarchy1992 3 жыл бұрын

Hi, I really enjoyed your video. Could I create a trademark if the name of my business is already being used by someone else in a foreign country?

@mdislam4018 2 жыл бұрын

How much do you charge for Trademark application?

@AlaskaPirates 3 жыл бұрын

Ok, so just to run it by you for my own understanding. I will be the single owner of the trademark and the company. -I would prefer to get my trademark before starting the LLC -here is where I’m a bit confused. -I apply for my trademark name/ logo -I use name/logo as a water mark on my media- company will be media and merchandise -I have stickers and shirts printed, and put them up for sale, using the exact name and logo. -I wait for my trademark to go through. Would i need to have my specimens actively for sale on a website before applying? And last question, once I receive my trademark certificate, what are my obligations? Do I have to continue to maintain a web site, and merch production? Or can i just keep using a watermark on my media, and sell merch via my channel? Thanks so much for all your info, i am strongly considering the webinar.

@excellenttwo 3 жыл бұрын

How about a merchant license and what conditions would a merchandise have for doing print on demand such as t-shirts cups and so on does anybody know this

@Tashri10 Жыл бұрын

I went on Google and someone gave the same name on twitter. If it’s not trademarked can I still use it when I trademark it.

@priscillacamisassa1359 3 жыл бұрын

Where can I find the category number of goods or service to check which one my product are

@kikirouki5668 3 жыл бұрын

Thanks you

@allupinyobiz 3 жыл бұрын

You're welcome, thank you for watching!

@tokyowarfare6729 2 жыл бұрын

17:35 If the logo contains Japanese characters, the translation needs to be provided?

@JustOutHereTrustingGod 3 жыл бұрын

What are some examples of a specimen that shows proof of use in commerce besides a website?

@layingonofhandsorthopdcmassage 3 жыл бұрын

a snapshot of your product WITH the logo.

@RVGuyss Жыл бұрын

If someone has trademark a name as "The Repairman" is it possible to trademark a name as "Repairmen" ?

@toiariki9816 2 жыл бұрын

Very informative vid! I'm in New Zealand. Are you absolutely sure that a foreigner must use an attorney to make the application? Surely there's an alternative option...

@allupinyobiz 2 жыл бұрын

I am absolutely sure! Not “foreigners” exactly but if you don’t have a US domicile, you need an attorney.

@che6630 2 жыл бұрын

@@allupinyobiz Thank you for the clarification. Any rough idea on standard costs?

@allupinyobiz 2 жыл бұрын

I have a whole video on that exact thing. :-) kzfaq.info/get/bejne/Y791pKh-u7SudnU.html

@alexelias3854 3 жыл бұрын

Thank you.. ; )

@AlaskaPirates 3 жыл бұрын

The name that I want seems like it is available, and the logo i want is my own creation made from a photo i took, and then manipulated in photoshop. I’m trying to create a media company, offering media creation services, as well as brand name merchandise. Would putting a water mark on my youtube videos using the logo, and having some stickers and shirts printed, would those be acceptable specimens? I would also be making a website, to host video links, outlined services and merch. sales. Sorry for the questions, I’m just started seriously thinking about getting the ball rolling on this project.

@traciwilliams5813 3 жыл бұрын

I think I get trademark and copyright confused. I'm looking to register a phrase to be printed on t shirts. Is that trademark?

@tinascountrydoor 3 жыл бұрын

What if it’s my granddaughter’s name I’m using? Do I just need her parent’s written permission since she’s only 4?

@SK-hv3zn Жыл бұрын

Can I stop someone else registering the same trademark name under any other classes if currently no one else is using it apart from me??? If they start registering my trademark name under other classes the trademark will be diluted and it will loose its value. Eventually, when everyone registers the same word the trademark name can become generic. Please let me know your comments!

@seaurchin7573 2 жыл бұрын

Does using in commerce mean having a sale price? D:

@myopinions1 3 жыл бұрын

How do i trademark something that was unique but is now more popular. People are using my company name and getting llc's with my company name and a city etc which should be illegal.

@allupinyobiz 3 жыл бұрын

You do it the same way you trademark anything else. But you should really talk to a trademark attorney for help and to make sure you even can register it.

@myopinions1 3 жыл бұрын

@@allupinyobiz is there one you recommend in nyc or can i talk to one in all of the USA.

@allupinyobiz 3 жыл бұрын

You can contact me 🙂 www.180lawco.com/contact

@DiscountRainbows 2 жыл бұрын

Can I use DATE OF FIRST USE as date I acquired domain name if I immediately tried to sell the name as a brand?

@allupinyobiz 2 жыл бұрын

I answered your question in my newest video! Check it out at kzfaq.info/get/bejne/pc1hpJZzlbDZiIE.html.

@jacobhardin2946 Жыл бұрын

I have a logo, but am not a business owner. I have a great logo and want start my business after I retire in 2 years. Can I still register a Trademark now?

@allupinyobiz Жыл бұрын

No.

@BadMilli 3 жыл бұрын

Hi. I am looking to trademark a name and a slogan. I am aware I should file both separately. Both are on a sticker that I attach to my products. My products are herbal teas (In pink packaging with clear window or fully clear bags), (In jars) seamoss, and herbal drinks in plastic cups. My question is.. if you have time... what class should they be in (name Trademark and slogan Trademark)? Would a picture of the sticker on the packaging work? With the tea inside the packaging? Same for the seamoss? The slogan is under the name. Would a picture of the sticker suffice? But as a specimen of the slogan in use should I also use a picture of the sticker on a gift bag? I'm so confused. Please help. Please.

@briahnicolee 3 жыл бұрын

Is the trademark application fee refundable if it is rejected?

@Kall_Mii_Kemo 3 жыл бұрын

Thankyou.. I want to know about TMs for artist. Like do I have to file separate TMs for every character? If I create an comic does every character in every book have to be TM'd? Also with logos, If i wanted to use multiple colors ( this logo is blue then use a green one) is that allowed?

@allupinyobiz 3 жыл бұрын

The characters probably wouldn't be trademarks, you'd be dealing with copyrights for those. With the logo, you can do the trademark with or without regard to color. Feel free to contact me if you want to chat about it! www.180lawco.com/contact