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Indiana Trademark Questions & Answers
1 Answer | Asked in Trademark for Indiana on
Q: What is a "famous" trademark, and why should I care?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

According to the Lanham Act,a “famous” mark under the Lanham Act is: (2) Definitions (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. In... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: If I stop using my trademark, does my trademark registration become invalid?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically,... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
Paul Overhauser
Paul Overhauser answered on Mar 16, 2011

You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: What is the difference between a trademark and a service mark?
Paul Overhauser
Paul Overhauser answered on Mar 16, 2011

A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection with services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: If I file for a trademark, will the trademark office conduct a search for me?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm

Paul Overhauser

317...
Read more »

1 Answer | Asked in Trademark for Indiana on
Q: Should I conduct a search for similar trademarks before filing an application?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark.

Paul Overhauser

317 891-1500

www.overhauser

1 Answer | Asked in Trademark for Indiana on
Q: Do I have to register my trademark for it to be valid?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including:

Public notice of your claim of ownership of the mark;

A legal...
Read more »

1 Answer | Asked in Trademark for Indiana on
Q: What is a collective membership mark?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: What is a certification mark?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... Read more »

3 Answers | Asked in Trademark for Indiana on
Q: What is a "famous" trademark, and why should I care?
Paul Overhauser
Paul Overhauser answered on Dec 30, 2010

According to the Lanham Act,a “famous” mark under the Lanham Act is:

(2) Definitions

(A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the...
Read more »

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1 Answer | Asked in Trademark for Indiana on
Q: If I stop using my trademark, does my trademark registration become invalid?
Paul Overhauser
Paul Overhauser answered on Dec 29, 2010

The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically,... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: What is the difference between a trademark and a service mark?
Paul Overhauser
Paul Overhauser answered on Dec 14, 2010

A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant services,... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
Paul Overhauser
Paul Overhauser answered on Dec 14, 2010

You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the... Read more »

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