What is a Servicemark? Can You Trademark Your Domain?
Hello Reader,
What is a Servicemark? (SM)
Transcript: What is a service mark? Service mark is a trademark, but for services, that's really all it is. Technically speaking, classes 35 through 45 in the international classes from 1 to 45 are all services. Classes 1 through 34 are all goods. All the goods are referred to technically as services.
As a trademark, all the services are referred to as service marks. Now, the USPTO themselves even uses the phrase interchangeably. Trademarks for services, trademarks for goods. So, it doesn't really matter whether you call them a trademark or service mark. The USPTO understands what you're talking about.
In fact, sometimes the USPTO just refer to them as marks.
Can You Register Your Domain As Your Trademark?
Transcript: Can you register your domain as your trademark? Yes, you can, as long as it's not being used by somebody else. But why would you want to? The top-level domain of the .com, .net, or .org, you don't really need that. That's also considered generic by the USPTO. It doesn't add any distinctive elements to it.
So why not just leave that part off and just go with your name?
You still can if you want to, especially if that is your identity, but like I mentioned, it's not required. And it's better if you have your name without those because the other elements do not make it more distinctive.
TLD (Top Level Domains) are considered generic by the USPTO.
STARBUCKS SUES STARBUDS FLOWERS Weed Biz Copied Our Logo!!!
Starbucks is suing Starbuds for trademark infringement. Starbucks says Starbuds, which sells weed out of a converted food truck in New York City, is deliberately copying the iconic siren design logo. STARBUCKS SUES STARBUDS FLOWERS ... Weed Biz Copied Our Logo!!!
BUSINESS TIPS AND TRICKS
This is Week 18 and Chapter 18 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week! Transcript: Welcome to week 18 chapter 18 of James Clear's Atomic Habits. It's an interesting chapter in this one: "The Truth About Talent and When Genes Matter and When They Don't." He gives a great example and compares Michael Phelps, who's 6'4", won numerous awards in swimming to Hicham El Guerrouj who is a runner and has the world record for many years for the mile, 1500 meters and 2000 meters.
He's only five foot nine, but the one thing they have in common is their inseam length are exactly the same. Michael Phelps has a long torso, shorter legs comparatively versus Hicham El Guerrouj who has longer legs and shorter torso, but they both perform spectacularly in their own sport. Michael Phipps, as a swimmer, his body is ideal for swimming.
Hicham El Guerrouj, his body is ideal for long distance running. What James Clear is saying is pick the talents that suit you the best. The secret to maximizing your odds of success is to pick the right field of competition. Just because your genes predispose you to a certain activity doesn't mean you can't work hard.
He's saying that enables you to choose what areas to work hard. So how do you find a competition or game that is in your favor? He selects these four points. 1. What feels like fun to me, but hard work for others. 2. What makes me lose track of time? 3. Where do I get greater returns than the average person? 4. What comes naturally to me? All right, that's it for week 18, chapter 18. We're almost done with this book. Uh, just two more chapters left. See you next week.
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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Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
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J.J. Lee
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Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
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!
