Skip to main content

Is it good to file a uspto federal trademark very soon after the business has been launched in this case a ecommerce website.

El Paso, TX |

Within 24-to 48 hours after launch of ecommerce buisness website.I have a affiliated similar buisness that's is not exactly using the name I'm going to use but sort of twisted it around and even tho its not there buisenss name they are using it on Facebook but "flipped" around for marketing reasons and I feel they will try to trademark under me even tho I have rights.I want to act fast.

Attorney Answers 6

  1. 15 USC 1051: As long as you are filing in good faith and without any knowledge of why a third party should have a right to use the mark or a reason why you think your mark might be rejected, then you should file as early as possible.

    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. It is always best to apply to register your trademark as soon as possible. US trademark laws allow you to apply to register your mark even before you even start using it in commerce. In your case, it appears another party has already started using a confusingly-similar version of your trademark. You are right to be worried about this. And while using your trademark in commerce gives you some rights, registration of the trademark is the best way to give those rights some teeth.
    Of course, a better understanding of the facts and trademarks involved here will lead to a better, more complete answer and the best strategy for your business. It is time for you to meet with a trademark lawyer - and fast.

    (949) 721-6380 - Of course there's more to it! Plus, we don't have an attorney-client relationship. This brief comment is for information only, and must not be relied upon as legal advice.

  3. We advise all our clients to clear and file their marks before any investment is made in support of them. You will undoubedtly spend much more on advertising, marketing, branding and PR than you will having your TM due diligence (see link below) conducted. If a problem arises later it can be devastating.

    While you are concerned about this one possible conflicting mark, there may very well be another that has prior use to both of you that have yet to uncover whether that be a federal registrant or a common law user.

    I will link you to some helpful general info below and suggest you discuss this over with a lawyer in private. 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. My guess is that you are trying to handle this yourself without trademark counsel. This is a huge mistake. I can tell from your questions and comments that you do not have a sufficient understanding of the law to handle this without legal counsel. Before choosing any name for a magazine (or any other business), you need to retain counsel to conduct a trademark clearance analysis. I did a brief online PTO search and there are two dozen or more trademarks involving the word "Pulse", at least some of which may pose a problem for you. Indeed, I believe you will find that you have bigger problems than the fashion company you discuss. Use of the term "Pulse" in connection with a magazine may end up infringing trademarks owned by other magazine publishers. Your next step is to retain trademark counsel to conduct a trademark clearance analysis---and most likely you will then be choosing another name for your magazine. Next time, you should involve trademark counsel in the process of choosing your name.

  5. You should ask the trademark attorney that you had clear the name before adopting it. You did do that, didn't you?

    That is a garbled mess of a question. I take it there is some 3rd party whose business name you reversed or flipped [like SOFTMICRO instead of MICROSOFT] and you want to know if you should file a US servicemark registration for the business name used to market the services rendered by the site or a US trademark registration for the brand name associated with any good site from your new site. You wonder if the other company might register for your product or service area using "your" reversed version of their name. I think your worry is that they will object to your use of "your" name as really being a use of something so close to their name as to be likely to cause confusion as to source and will claim you are illegally infringing their mark. If it is proven you got your name by reversal of their name, that is evidence that supports their claim and makes you look deliberate. Without knowing the actual names in question, which you should not disclose here, there is no way for us to tell you a specific answer other than you specifically should go right away, today would not be too soon, to see a trademark attorney to see if you need to change names or can stick with the one you have and protect it. You are behind the 8 ball on this already, having not cleared your mark before adopting it.

    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.

  6. I would certainly advise you to contact a trademark attorney as soon as possible and fully explain the situation. This will allow you to quickly get advice on the best way to protect your business.

Trademark infringement topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics