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Written by : Rodolfo Bierbower
Current : 9710
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so you want to trademark a brand first off i think it's a great idea if you're an e-commerce seller especially an amazon seller to go ahead and to brand your products because it really allows you to differentiate yourself from your competition and in addition it's going to protect your phrase or your brand that you're going to be trademarking here so today i'm going to share with you guys step by step how i actually go through the application you do not need a lawyer however it is recommended by the united states patent and trademark office but for me and you know just being an individual seller third-party merchant on amazon it's sometimes best to go ahead and do this yourself because honestly it's fairly easy to do so so today i'm going to take you step by step on some things that we need to do before we start our application then we'll get into the application for a golf brand that i'm trademarking and we'll finish it up so you know what to do next okay so the first thing that you have to do before you even get into your trademark application is to understand what your brand is and what are you trademarking for us today we are going to be trademarking the brand of vibrae golf it's italian for to live golf it's a brand i'm going to be using for some training aids coming up here in q4 during the holiday season so there's a link in the description and this is going to be our trademark like sorry trademark electronic search system we're going to search for that trademark brand and you're going to be searching on your behalf for your trademark brand to see if someone is actively using it if someone is actively using your trademark you cannot use that so you'll have to find a new brand name so the first thing that we're going to do is we're going to go to this section where it says select a search option and we're going to click this first one where it says new user once you click that there's one thing to do on the left here and we're going to type in our trademark brand i usually filter this down to just the live trademarks i really don't care about the dead trademarks that aren't active uh and then i'll go down to search term here so again ours was vivare golf with the space between them type in your trademark here after you do that click submit query and you're either gonna be brought to a screen where it says there are no records found which is great so that means that i can use and trademark this brand name as is now let's go through an example where we do find so i'll just type in vibrae live trademarks and as you can see there are a lot of live trademarks just with the vivre name in them or by itself so if you come across here and you see a lot of trademarks that have the existing brand name that you want to use odds are that you cannot use that i mean you could go into each one of these and see what class they are trademarked under but it's really going to take a lawyer to come in here and fully understand if you can or cannot do it my word of advice is if you have all of these listed here for your trademark name that you want to use go ahead find something different it isn't the end of the world so for us when we searched it for vibrate golf it was not located on here so that's assurance that i can go ahead proceed with my application and i can make sure that it gets submitted and approved next we uh we need to go and figure out if we're going to be doing a logo for our trademark or if we're just going to do basic text so i want to do a logo that has this cursive like text it's uh dr defoe text so i'll be doing a logo for this demonstration for you if you really don't care if it's um you know the design of the trademark itself you can just do a basic formatted text and uh you don't have to go through this entire process however if you do want to do a logo make sure you use some type of software to create it like this and then you're going to want to save it as a jpeg file i'm using canva.com great free online software that you can use you can go ahead and create free logos such as this simple one right here make sure that you save it in a jpeg format because that's the only format that they will accept and then you want to make sure that your file size is under i believe it's 944 pixels on either side as you can see this is a thousand by thousand it's too large so we need to reduce that down to uh 500 by 500 i think the minimum is 250 by 250. so just make sure you're within that and turn the quality up and then i will save this and download it to my downloads folder alright so that's step two we're almost there to the application step three in the final step before we can actually get into the application and please do these steps because it's going to save you time the last thing you want to do is submit an application and it gets denied by the government because you didn't follow some of these steps or you didn't do your due diligence that you need to next we are going to be searching the trademark id manual so this manual is an assortment of all these classes that are filed and services on behalf of people like us and companies now we need to search this because in order to decide if we're going to go with the teas plus or the t's standard application two different applications we need to make sure that there is a class that's out there that relates to our products if there isn't a class that relates to our product we're going to go with the more expensive option which is the teas standard and it's about 350 dollars per class or service so let's say that you have a brand where you are selling wallets you go ahead you fill out this application you get your trademark for that specific class now that does not mean that you can go and use your brand name to sell stereo equipment or lights because that trademark is only eligible in that class or service so that's one thing to keep in mind is that you're only trademarking within a specific narrow niche per se and that's one thing you have to keep in mind when you're going about this so in here what you want to type in is what your product is so for us it's going to be a golf training aid i'm just going to take golf training to see what we have so you can see a bunch of different classes come up i do not pay attention to the ones that are strikethroughed and then just focus on the ones that relate to your product so we're going through these uh it's a golf training cage that would not relate to my putting device that i'm creating the next one golf practice platforms it's a golf apparatus that would work for what i'm doing and but i'm going to take a look at the rest of them just to make sure this third one down here a motorized golf tripping practice aide nope mine's not motorized and it's not a brace that will be worn on the hand so if you're if you type this in and you can try a couple different searches maybe golf aid next but if you find one that's good news you don't really remember this yet because you will search this later on the application but if you search this and you couldn't find anything or anything that related to your product you're going to have to go through th
Thanks for your comment Carol Norlin, have a nice day.
- Rodolfo Bierbower, Staff Member
hi john hess from filmmakeriq.com a recently lindsay ellis who runs a wonderful youtube analysis channel released a video called product placement and fair use in this one though I feel else might have painted too bleak a picture about what is allowed in the depiction of brands in their to filmmaking now since this question does pop up a lot and I have an obsession with the philosophy of IP laws I felt compelled to make this short IQ bits now I am NOT a lawyer but I did stay at a Holiday Inn Express one time and I took one summer class in business law with a professor that got me hooked on the subject matter I'll make this disclaimer again at the end but when it comes to intellectual properties judgment is based on specific application it's a matter convincing a judge on the merits of the details of your specific case so the real answer to every legal question on intellectual property is it depends now first let's clear up the definition of intellectual property which of which there are three kinds copyright which we did a whole history of video copyright covers artistic expression from books to visual arts music and motion picture the duration of protection is currently life plus 7 years or 90 years if commissioned as a work-for-hire in the United States then there's patents which cover industrial processes design patents only lasts for 14 years after they are granted utility patents can last a maximum of 20 years if the maintenance fees are paid on time and finally there's trademark the subject of this video as defined by the Lanham Act in 1946 a trademark is any word name symbol or device or any combination thereof used by a manufacturer or seller to identify and distinguish his or her goods including a unique product from those manufactured or sold by others and to indicate the source of the goods even that source is unknown think unique names think graphic logos sound cues even slogans like think different trademark unlike the other two categories of IP do not have an expiration date so long as the company uses the trademark and protects it a fair use is the defense that bounces freedom of speech with the interest of the intellectual property rights holders in patent law there is no such thing as fair use at least right now in copyright fair use is reserved for commentary education criticism and so forth the vast majority of content online regarding fair use is talking about fair use and copyright so let's skip ahead well--we're sit-in is trademark fair use which is not talked about as much as copyright fair use a copyright protects expression the power of Congress to protect copyright and patents is directly stated in the Constitution trademark on the other hand stems from the Commerce Clause is to ensure that businesses can mark their goods and services and that consumers can understand where their goods and services are coming from so trademark protection is less concerned about granting exclusive right to trademark holders that is about promoting efficient markets by giving consumers truthful information now because trademark carries a lot of information about a product essentially in shorthand it is extremely useful in communication especially entertainment to bridge the gap between the real world and the fictional one so if the use of a trademark even if it's unauthorized use does not interfere with the trademarks of function in the marketplace and there is a public interest like the First Amendment freedom of speech issue at hand the courts generally favor public interests before diving into issues of First Amendment let's look at two kinds of fair use defenses regarding trademarks when dealing with commercial speech or advertising classic or descriptive and nominative classic or descriptive fair use pops up when a trademark is being used for ordinary descriptions of a product or services in KP permanent makeup Inc versus lasting impressions Inc in 2004 a permanent makeup company advertised micro colors described their product even though micro colors is a trademark of another product in the same category that was ruled not infringing because micro colors was used in the descriptive sense another example is sun mark Inc versus Ocean Spray cranberry Zink from 1995 Ocean Spray labeled their products as sweet tart which is descriptive of the product and not infringing on the trademark of sweet tart candies made by son mark nominee fair use is when you use a trademark not to describe your product but to refer to the actual product or service associated with that trademark for a nominative trademark fair use you would need the following conditions the use of the trademark must be accurate not misleading or defamatory the use must not imply any endorsement there is no easier way to identify the product and you only use the bare minimum that is required to identify the other trademark this often means you refer to it by name and not with a logo but not always this allows forms of competitive advertising where they actually mention the competitors brand name instead of saying the leading major brand this also allows a car repair shop to use the Volkswagen brand saying they are tooled to work on Volkswagens even if they are not officially an authorized Volkswagen service shop there's even a case involving a former Playboy Playmate where the court ruled that she could use the trademark Playboy described herself on her own website but these are the rules generally applied to fair use in commercial speech a film is not commercial speech it is protected speech under the First Amendment since the Supreme Court case Joseph Burstein incorporated V Wilson in 1952 and in a culture where brands are part of daily life and carry so much meaning the ability to mention brands by name is a necessity for free speech since 1988 a test called the Rogers test has begun formulating to determine if an unauthorized use of a trademark is entitled to First Amendment protection or if it is a trademark infringement although the Rogers test is still somewhat confusingly applied and not all Circuit's adopt it in the same way it is at least a groundwork for understanding this balance between protecting the rights of trademark holders and the rights of artists to their free speech the Rogers test comes from the case Ginger Rogers V Alberto Grimaldi Alberto Grimaldi and MGM distributed the 1986 Frederico Fellini film ginger and Fred a movie about people and Amelia - Italian cabaret performers who pretty much resembled Fred Astaire and Ginger Rogers Ginger Rogers claimed that the film violated her Lanham Act trademark rights her right to publicity and was a false light defamation the court decided with Grimaldi noting that the movie only tangentially related to Astaire and Rogers and from that decision a two prong test began to develop the first test does the use of the trademark in question have artistic merit truthfully this is a pretty low bar to pass in the case of Fred and Ginger the title has artistic merit because it is the nicknames of these cabaret singers it lends the film and era sophistication in class it has something to do with the story if it had
Thanks nachgebeny your participation is very much appreciated
- Rodolfo Bierbower
About the author
I've studied operating systems at Mount St. Joseph University in Cincinnati and I am an expert in ancient chinese history (outline). I usually feel enthralled. My previous job was instructor, police-canine services I held this position for 15 years, I love talking about macrame and mindfulness. Huge fan of Mikaela Shiffrin I practice weight lifting and collect automobilia.
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