Dillonvale, OH asked in Intellectual Property and Trademark for Ohio

Q: How can someone trademark fairy dust?

1 Lawyer Answer
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
  • Trademarks Lawyer
  • Raleigh, NC

A: A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.

In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would want the trademark for. You can file either as an "intent to use" or "used in commerce" status. Intent to use is basically filing the trademark paperwork before the mark is actually used in commerce. When you begin using the mark, you would submit a specimen of the mark used in commerce to the USPTO. The other option is to file when the mark is being used in commerce and submit the sample at that time. Trademark law has many technicalities, if you are intent in doing this, I would suggest contact a patent/trademark attorney.


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