Can the identical service from same company obtain different trademarks?

[wisesage]

Suppose 2 different marks are being filed by the same organization, at roughly the same time, for the same fundamental service with the USPTO. Such as Microsoft filing for Windows and Rectangles, both marks later being used for a single operating system. Maybe they will eventually consolidate on one mark over the other but for now, both marks will be used in commerce. The organization wishes to file identical "proof of use" evidence except that the mark is different on each. Must the "proof of use" demonstrate somehow, through other details within the "proof of use" evidence (e.g. service characteristics) that mark #1 is somehow different than mark #2? Or, in other words, could the examiner refuse mark #2 and, if so, on what grounds? Arguably, the organization in this example could try to make each distinguishing but it would require more work and be more odd in commerce.

 

[Silverplum]

Suppose 2 different marks are being filed by the same organization, at roughly the same time, for the same fundamental service with the USPTO. Such as Microsoft filing for Windows and Rectangles, both marks later being used for a single operating system. Maybe they will eventually consolidate on one mark over the other but for now, both marks will be used in commerce. The organization wishes to file identical "proof of use" evidence except that the mark is different on each. Must the "proof of use" demonstrate somehow, through other details within the "proof of use" evidence (e.g. service characteristics) that mark #1 is somehow different than mark #2? Or, in other words, could the examiner refuse mark #2 and, if so, on what grounds? Arguably, the organization in this example could try to make each distinguishing but it would require more work and be more odd in commerce.

You should do your own homework.

 

[wisesage]

You should do your own homework.

I wasn't asking anyone else to do homework for me. I did research it and couldn't find answer. That is the purpose of these forums. I am hoping someone with the answer already in their head can be kind enough to answer.

 

[quincy]

Suppose 2 different marks are being filed by the same organization, at roughly the same time, for the same fundamental service with the USPTO. Such as Microsoft filing for Windows and Rectangles, both marks later being used for a single operating system. Maybe they will eventually consolidate on one mark over the other but for now, both marks will be used in commerce. The organization wishes to file identical "proof of use" evidence except that the mark is different on each. Must the "proof of use" demonstrate somehow, through other details within the "proof of use" evidence (e.g. service characteristics) that mark #1 is somehow different than mark #2? Or, in other words, could the examiner refuse mark #2 and, if so, on what grounds? Arguably, the organization in this example could try to make each distinguishing but it would require more work and be more odd in commerce.

wiseage, what is the name of your state or, if not in the U.S., what is the name of your country?

And, is finding the answer to this question a class assignment?

 

[Silverplum]

I wasn't asking anyone else to do homework for me. I did research it and couldn't find answer. That is the purpose of these forums. I am hoping someone with the answer already in their head can be kind enough to answer.

Piffle.

"The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

 

[quincy]

That said, I happen to have the answer in my head.

 

[quincy]

It appears wiseage has temporarily left the building.

Perhaps it is because he needs to get his assignment finished and realizes we may not help, or perhaps it is because he is in a different country and realizes that our laws here may be different than his laws there.

Whatever the case, if he is in the U.S., he can probably find a whole bunch of answers by exploring the government website: http://www.uspto.gov.