Severna Park, MD asked in Trademark for Maryland

Q: If my trademark name that includes a number, do I need to trademark each of “twenty five”, “twenty-five” and 25?

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2 Lawyer Answers

A: What you will register with the USPTO is the actual mark you are using. By way of example, if your mark is "25 Peaches" for sunglasses, then that is what you get. However, if you are intending to have variations of the mark, such as "Twenty-Five Peaches," be part of your marketing strategy for your sunglasses, then you would need to apply for that variation as well. Often times, owners develop a "new look" for their mark. When they adopt the updated version, then they need to file for registration with the USPTO for that new version as well.

A: I agree with my colleague, you should register the mark in the precise way it will be used. Trademark infringement protection would cover marks that are confusingly similar to yours.

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