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Written by : Perry Kohli |
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hey thank you so much and welcome back to my channel Iowa Connie Murray brand attorney and owner of Mark RP solutions where I have clients throughout the United States on their genius do trademark operas and contracts welcome back if this is your first time here to stop for minute do me a favor make sure you subscribe buttons you're going to love this channel we do a variety of things at the kind of marriage TV and one of those things is the thing with it we're going to do today which is called Marisol why I answer your question general advice not legal advice and doesn't form any type of attorney-client relationship but I haven't give some clarity on some things the questions are submitted in the Facebook group the genius lounge which is on Facebook or you can drop my questions in the comments below and I will pick one to do this week's question is a really good one I talked to my class about this subject all the time but today's question is if I register my logo and it includes my trade name and my slogan will it protect all three will it protect all three so let's give a visual right so you have your logo let's think 90 the Nike swoosh right and then you have NYSERDA name then right below it you have just do it and that's what they want to register in their trademark application what they want to know is will it protect the swoosh swish swish myself will they protect Nike the trade name by self and will it protect that slogan by itself as some third-party work to infringe on these things separately maybe not all together but maybe someone has a brand name that they are going to create and it's either 90 or something so much for Nike something so much or something similar to that switch all separate not together well I read sure it all has one will it protect all three of those things and since they want to know is it don't find the cheat code did I find the cheat code to get around the fact that if I'm going to protect my marks I have to file an application in each mark is an individual application on the cheat code to it thanks to that snow you did not sorry to be the bearer of bad news but you did not find the cheat code here's the deal your trademark application when you register it in that manner will protect exactly what you registered if there any changes to it your protection is gone so when you trademark this logo with the name and the slogan you get it protected as it is if you want to protect that trade name separately and make sure that no one is able to use anything same or similar to that trade name you don't want to register that in a separate application and the reason is when you have it all together you have protection it's limited to what she register in anything staying summer there can be an argument maybe that oh if I just use this name that's similar to this portion that's in this big application with this logo right consumers aren't going to confuse me with them because they have all this stuff together and I just have this and it's not even the same thing like I'm not even using ninety I'm using something so much in my key but but not ninety right so you want to make sure that no one is able to make that argument so what you need to do is file separate application you're going to want to file separate application one file an application for your logo we're going to foul in for your training and one for your slogan if those things are important to your business now if you're on a budget and you're like behind yet that's why I wanted to put it all together have the funds to register them all separately what should I do you should prioritize your applications I always advise people to go with the trade name first this trainings are very unlikely to change when you want to and that's how most people you know look at you even if you see that that logo that Nike swoosh you're going to go back to identify it with the company that training so stick with that trade name and start there first when it comes to love those we get these logos and we love them and then as we grow in our business as we grow in our market we're like this doesn't really connect with our community with our consumers to way that we wanted to this what at times let's face it a lot of times we get in business the first thing that we want to get is what a logo and then we go to five her or go to somebody who creates just that a logo but they do it without really contain to consideration what we do and who would do it for and what message we want to send so off the time couple nuts even a couple years down the line that level of no longer fits our business and so we have to redo it if you found a trademark letter original application and then down the line let you know what this thing is it just doesn't do it for me then you're going to file a new application even if you make you know minor changes we going to USPTO database and you look at Starbucks applications and just the different things they've done with that logo interview little change that they makes that logo requirement a new application because what happens is you file an application for this logo and then between years five and six you have to submit proof that you're still using this logo that you've got an application for if you have any changes to it and you submit to the Empire meetings in it right and they're gonna say no it's a different it's not the same thing that we protect it you know five six years ago and you're gonna have probably one so parchment rise priority wise I would do trade name and then I'm gonna slogan and then I would do the logo and depending on whether or not the logo has creative elements to it and it's mostly like image and creative and original you might be able to register as a [ __ ] right into you're able to say funds to get a trademark keep in mind that the copyright is not replaced the trademark the copyright is an operative same protection as a trademark but it will offer you some protection so if someone tries to use it without your permission you have some sort of recourse okay that is today's Marisol tell me what you thought about it in the comments if you learn something that you didn't know did you find this information valuable your comments really helped me to know that this is valuable and that I should take the time out of my week to create these videos also if you have not subscribe my cheese hit the subscribe button and hit the bell subscribe and hit the belphin of the case because you want to know when we do these videos which come out on wednesday on wednesdays right and there see anything else yeah like it comment I mean not like it not comment but rate the videos what I'm trying to say break the video if you like the video let me know if you Elena I wouldn't gonna fill in this video let me know alright thumbs up thumbs down thumbs up that's it that's all I have the next video that I will do are coming up soon someone wanted to know about the fees for the letter of protest I want to say this what the what it was what I'm going to do was just a summer there are a lot of changes going on USPTO and so what we're going to do is a update v
Thanks for your comment Rick Tone, have a nice day.
- Perry Kohli, Staff Member
Thanks for this interesting article
Thanks Bobby your participation is very much appreciated
- Perry Kohli
About the author
I've studied stochastic processes at SUNY Downstate Medical Center in Brooklyn and I am an expert in library portal. I usually feel blah. My previous job was finance manager I held this position for 10 years, I love talking about birdwatching and x-games sports. Huge fan of Jenna Coleman I practice fly-fishing and collect fabric and textiles.
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