Do I Have to Register My Trademark Before I Can Use It?

Hello Reader,

Do I Have to Register My Trademark Before I Can Use It?

In this video, J.J. talks about whether Trademark registration is required before you can use your Trademark.
Do I have to wait till my trademark to register it before I'm allowed to use it. Hi, JJ, trademark attorney. Answer to that question is actually no, you actually have to use the trademark in commerce in order to have it successfully registered. The USPTO will require proof of use that your trademark is actually being used in commerce before they'll allow the trademark to get registered.

You don't even have to file a trademark application to use it in commerce. In fact, there's what is known as common law trademark rights. However, registering it with the U.S. Patent and Trademark Office does increase and gives a huge level of protection for your brand. You don't have to have it registered in order to use your trademark.

If I Register My Trademark in One Class, ​Can I Use My Trademark in Other Classes?

In this video, J.J. talks about whether Trademark registration in one class limits you to only that class or can you start using your Trademark in other classes?

If I register my trademark in one class. Can I use my trademark in other classes? Hi, JJ, trademark attorney. Answer to that question is yes, as long as it's not in conflict with any other registered trademarks out there or it will cause confusion. You're not required to have everything registered in every class before you're actually allowed to use your trademark in commerce.

​ You can actually use it. The whole purpose of registering the trademark with the U. S. Patent and Trademark Office is to protect it and give it nationwide protection. Now, there are instances where you can use your trademark in one class, but maybe not in another class. And this is where it's helpful to have an attorney or some other trademark experts advise you on that situation.

​ But USPTO is not a permissive body. You don't have to have permission from them to use your trademark in use in commerce. Their sole purpose is allowing or not allowing trademarks to get registered.

BUSINESS TIPS AND TRICKS

This is Week 17 and Chapter 17 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript:
Welcome to week 17, chapter 17 of Atomic Habits. The chapter is called "How an Accountability Partner Can Change Everything." I have two real world examples of this, of how to create accountability and have accountability partners. I've been working out every day with my sons. They're my accountability partners.

​ They usually come to me and say, Dad, are we working out today? What time? They don't actually ask the first part. They say, what time are we working out today? So they've been my accountability partner. If I don't show up. They'll give me grief about it. So that's been helpful as well. Now, there's also a business near us.

​ It's, it's a local gym. What they do is you sign up for a membership and you commit to going at a certain time. Now this one couple that I was told committed to going at 5 AM. Now, if they didn't make it, if they missed their time in the agreement, in the contract, they agreed to be charged $15 for every time that they missed it.

​ Now, is that $15 a lot? No, but is it enough as an incentive as an accountability partner to say you should keep going? It's enough to be annoying and it's enough to be enough to say, yeah, I don't want to miss out on that money. So in here, example that James Clear gives is Bryan Harris, who is an entrepreneur in Nashville, Tennessee.

​ He wrote up a contract that he actually signed with his physical fitness instructor as well as his wife to say that if he failed at any time and under certain parameters. You pay his fitness trainer a $100 and he later upped it to $200 as well as paying his wife $500 to do whatever she wants.

​ All right, that's it for week 17 chapter 17. See you next week for a week 18 chapter 18 and James clears atomic habits. See you then. Bye bye.

If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:
​ Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!

Warm regards,​
​ J.J. Lee and the Trademark Lawyer Law Firm Team!

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