Rancho Mirage, CA asked in Trademark for California

Q: Trademark question regarding my brand name, and protecting someone in different goods and services to take it

Lost my job, but have had my company name, & domain for years, (which I have been using). I don't want anyone in these different industries to use my brand name.

However, because the brand name can be used in different goods and services, I just want to get the right advice before filling out the USTPS trademark forms. The name is available through searching.

Thank you for your time and consideration.

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1 Lawyer Answer
Charles Edwin Runyan
Charles Edwin Runyan
  • Trademarks Lawyer
  • Avondale, AZ
  • Licensed in California

A: The trademark registration application fee is going to be calculated based on the number of different classifications you choose. If you select classifications that don't have the same "numbers", you will be charged one fee for each "number".

The trademark office has a manual of classification, which is kind of hard to use. But they also have a list of goods and services classification statements that are in a sense pre-approved by the office. One place to find that second list is during the application process itself when you get to the goods and services section. You can search there by keywords as much as you like. As long as the classes you choose have the same number, you only pay one fee.

Now, I typically search there and find the broadest or most generic description and go with that.

If you come up with a list of possibilities, you can send it to me and I will tell you which ones I would choose. There wouldn't be a charge for giving you that help. Trademark applications are at the edge of what I think people can do without being a lawyer as long as there aren't any complications. Read the trademark info that the trademark office has on there website. It does a good job of explaining what's going on.

Also, you don't get trademark rights by registering the trademark. If you have been using the mark, you have started developing trademark rights in any state you have made sales. (which could be just about every state depending on how extensive your internet sales are). And you can designate your trademarks with the little TM sign starting today, without registering the mark. Don't use the "R" in a circle because that is reserved for federally registered trademarks.

I hope this helps.

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