Is this a solution to my trademark application issue? After reading answers (thank you all by the way) for my last question..
Los Angeles, CA
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Posted 3 months ago in Trademark Application
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I've learned that I could have a conflict with my application. The example I used (note, my two words are very different) was Cocoa Puffs.
The issue is that on my product and package, Cocoa Puffs is immediately followed by a third word, i.e. Cereal. So the specimen I'd submit to the USPTO would have the words: Cocoa Puffs Cereal According to: http://tess2.uspto.gov/tmdb/tmep/1100.htm#_T110909b I have to submit an exact representation of what I'd like to trademark, meaning my specimen should read only: Coca Puffs Correct? Ok Solution--I have seen some products/packages for two-word registered trademarks with a generic name like "cereal" on the product/package but NOT immediately following the TM or circled R. The USPTO won't give me direct advice. Thank you
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I understand I should consult an attorney and we have but their knowledge has been limited. It hasn't provided a solution to this issue and well, we are coming up with funding to hire another attorney, not sure who yet. Thank you. Best Answer (as selected by the question's author)Daniel Nathan Ballard
This attorney is licensed in California.
Posted 3 months ago.
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There's not much to add to Pamela's answer other than this: what you'd "like to trademark" and what actually is your trademark appears not to be the same thing. If you use the phrase "Cocoa Puffs Cereal" to brand a product but want only to register trademark rights in "Cocoa Puffs" that is not allowed -- because your mark is the three word phrase. That phrase is what you have rights to -- not just the first two words. As Pamela notes, you really need a trademark attorney. Good luck.
Additional Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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You really, really , really need a trademark lawyer, as this forum is not meant to address complex yet hypothetical questions. The trademark office won't give you direct advice, but a lawyer will. You need to consult a qualified IP lawyer and disclose your actual mark without all these Cocoa Puffs references.
Prior answers already tried to clarify your misperceptions about words that can be disclaimed and what the R and TM symbols in a circle mean, but there still appears to be confusion. And now there's confusion about specimens. Your specimen is NOT required to have only the words (or design ) that you want to trademark - it's often a webpage with lots things on it. It's often many words, some of which are disclaimed. It must just show the mark as it is used on your goods or services. The basic facts off trademarks handout is linked below. Read it. Then make an appointment with a lawyer - it's not that hard to find one. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted 3 months ago.
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I agree with the two previous answers. I find it hard to believe that you have been in contact with trademark counsel and that they cannot answer your questions - could it be that they aren't telling you what you want to hear?
This is not the place for in-depth legal analysis of incomplete information. Gerry J. Elman
This attorney is licensed in New York and 1 other state.
Posted 3 months ago.
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Perhaps you are confused between the two different things to accompany a U.S. trademark application based on actual use of the trademark in commerce. One is a SPECIMEN, which can be a label on a product or a webpage from which the product can be purchased, on which the trademark appears, along with other stuff. The other is a DRAWING of the trademark, which should show just what the applicant wishes to protect as his trademark, and nothing else.
DISCLAIMER: This public discussion does not create an attorney-client relationship and is not legal advice.
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