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I have a company name, say Treklor Industries, should I trademark Treklor Industries or simply Treklor or both?

Watertown, MA |

Let's say Treklor has products/services in Class 42. The goal is to limit the possibility of someone trademarking Treklor Technologies or Treklor Pharma or TreklorTech in a similar industry. Which is stronger, Treklor or Treklor Industries ? Both are used in commerce For example, is owned by me and Treklor Industries is on our products?

Attorney Answers 5

  1. 1. Owning and using a domain name is not use in commerce. It is merely your virtual address.
    2. The answer to this depends on how you "consistently" use the terms in commerce. If you use "Treklor Industries" every time you identify your goods/services, then that is your trademark. If you occasionally use "Treklor" by itself, then it might be your trademark and you might want to protect it individually.
    You should have a trademark attorney look at this for you.

    This comment is NOT LEGAL ADVICE. The question asker and any third-party reading this comment SHOULD NOT RELY UPON this comment. Regardless of the information provided in this comment, any reader of this comment should CONSULT AN ATTORNEY to confirm the accuracy of this comment.

  2. Registering a trademark is no place for amateurs. They do not know the substantive law, which is as complex as any part of law I have seen (perhaps other than fed income tax), nor the procedures, which can easily trip you up and foul you up forever. Get a lawyer. If the brand is valuable spend a few bucks to protect it.

    Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.

  3. Hi,

    You need to be concerned at this point primarily with your use and not that of some possible future business. If another's mark poses a problem the USPTO will reject it and you will be monitoring your mark right? So you will also have an opportunity to oppose if you disagree with the Examiner.

    That said, when you send in your specimen you will need to support the use of you mark as it is described. So, for example, if you use just Treklor in all your copy that is your mark. If you use, TreklorTech then that is your mark. If you use both or more of them you have a family of marks (as we say) and all are protected on a separate registation.

    You should not do this on your own, as my colleagues noted, it really can expose you to a whole lot of issues none of which I would bet you even know to think about at this point.

    I will link you to some helpful general info on this subject below and most of us here, including myself, offer a free phone consult.

    Best regards,
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

  4. You ALREADY HAVE trademarked both. What you seem to be asking is which should you register. You want to register TREKLOR [I assume that is not the actual name] and you want to register it as a wordmark without special logo, IF YOU CAN. That gives you coverage over all the variations you mention. If you register TREKLOR TECH and someone makes TREKLOR jumpsuits you will regret not registering just TREKLOR alone. You want to register it in as many different classes as you can, not just Class 42, which by the way has no products in it, just services, so a Class 42 trademark is called a "Servicemark". If you want to cover goods as well as services, and you surely do, you would be well advised to also register in the relevant class for the goods.

    Analysis like the above is second nature, and takes just seconds for an experienced trademark attorney, which is why you don't want to do this without one. The analysis is exemplary and your actual facts might very well dictate a different approach. We may be pompous, but that comes from confidence in knowing from many horror stories what often happens to businesspersons who foolishly think they have the skill to avoid hiring an attorney. You brand name is normally the single most important asset of your business since it carries the reputation and goodwill that drives customers to you. Don't go cheap. You will surely regret it, and likely end up spending much more both in time and expense and worry if go cheap. Legal Zoom is for those wanting to zoom into legal trouble. Do-it-yourself is for doing it to yourself, which may work for masturbation but not for registration.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

  5. In your example, there is really no difference, strengthwise, between TREKLOR INDUSTRIES and just TREKLOR, since the focus would be on the non-generic, non-descriptive portion of the mark "Treklor".

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