Trademark - Intent to Use question

[mr.m0dit]

Hi all,

I am filing for a Trademark(band-name) that is yet to be used, therefore, i need to classify it under Section1(b)-Intend to use. My question is;
If, inside the Trademark description i add a statement such as:

IC 009. US 021 023 026 036 038. G & S:
1) Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, all featuring music;
2) downloadable electronic publications in the nature of books, booklets, magazines, all in the field of music;
3) protective eyewear; sunglasses; eyeglasses;
4) computer carrying cases; wrist rests and supports for computer mouse users;
5) clothing, namely, hats, shirts, scarves and socks;

*the numbering is for demonstration only + i've also shortened the statements for easier reading*

With the above description, when it comes time to submiting the "Statement of Use" as well as the evidence, would my application be refused/canceled/penalized if i had NOT sold (2),(3),(4) but rather only sold (1) and (5)?
I understand i can file for an extension. BUT, if for whatever reason i do not wish to sell those items, can i express this in the "Statement of Use" and not have the application refused?

Thank you very much for your help!

Regards,
Martis

 

[quincy]

Hi all,

I am filing for a Trademark(band-name) that is yet to be used, therefore, i need to classify it under Section1(b)-Intend to use. My question is;
If, inside the Trademark description i add a statement such as:

IC 009. US 021 023 026 036 038. G & S:
1) Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, all featuring music;
2) downloadable electronic publications in the nature of books, booklets, magazines, all in the field of music;
3) protective eyewear; sunglasses; eyeglasses;
4) computer carrying cases; wrist rests and supports for computer mouse users;
5) clothing, namely, hats, shirts, scarves and socks;

*the numbering is for demonstration only + i've also shortened the statements for easier reading*

With the above description, when it comes time to submiting the "Statement of Use" as well as the evidence, would my application be refused/canceled/penalized if i had NOT sold (2),(3),(4) but rather only sold (1) and (5)?
I understand i can file for an extension. BUT, if for whatever reason i do not wish to sell those items, can i express this in the "Statement of Use" and not have the application refused?

Thank you very much for your help!

Regards,
Martis

What is the name of your state, Martis?

 

[mr.m0dit]

Hi,

Im currently living in the UK.

 

[quincy]

... IC 009. US 021 023 026 036 038. G & S:
1) Musical sound recordings; audio-visual recordings, namely, compact discs, tape cassettes, all featuring music;
2) downloadable electronic publications in the nature of books, booklets, magazines, all in the field of music;
3) protective eyewear; sunglasses; eyeglasses;
4) computer carrying cases; wrist rests and supports for computer mouse users;
5) clothing, namely, hats, shirts, scarves and socks;

*the numbering is for demonstration only + i've also shortened the statements for easier reading* ...

Martis, this site handles U.S. law questions and legal concerns only. I can tell you, however, that when filing an application for registration of a trademark (whether an intent-to-use application or a regular application), you will need to register in each category of goods/services you want your mark classified in.

You can register in all different categories simultaneously, but you need to submit an extra fee for each different class. If you decide to add a class at a different date, then you will have to submit a new registration of your mark at that time.

You are, at the time of registration, able to file one application to cover a number of countries (see information on "Madrid Protocol").

For help with your application, you should consult with an IP attorney in the U.K.

Good luck.

 

[mr.m0dit]

Martis, this site handles U.S. law questions and legal concerns only.

I understand. I wish to file in USA.

I can tell you, however, that when filing an application for registration of a trademark (whether an intent-to-use application or a regular application), you will need to register in each category of goods/services you want your mark classified in.

Could you please search USPTO for "PHARRELL" and look at the 16th entry application. It lists (1),(2),(3),(4) but it is under one class (009), could you or someone else explain this?


My question still stands....

when it comes time to submiting the "Statement of Use" as well as the evidence, would my application be refused/canceled/penalized if i had NOT sold (2),(3),(4) but rather only sold (1) and (5)?
I understand i can file for an extension. BUT, if for whatever reason i do not wish to sell those items, can i express this in the "Statement of Use" and not have the application refused?

 

[quincy]

I understand. I wish to file in USA.


Could you please search USPTO for "PHARRELL" and look at the 16th entry application. It lists (1),(2),(3),(4) but it is under one class (009), could you or someone else explain this?


My question still stands....

You can file your trademark in the U.K. for a trademark you intend to use in the U.S.

You should consult with an attorney in the U.K. for help with your application. The U.K. attorney can answer your "standing" question and any other questions you may have. As a note, however, you must have an intent to use the trademark on the goods/services listed.

Here is a link to the US Patent and Trademark Office website. You may find some useful information there. http://www.uspto.gov

 

[mr.m0dit]

I specifically came on this site to get some answers. I surely understand that i can consult an attorney, thats not what i wan to do.
I know the uspto website! i cannot find an answer on the website so that is why i am asking here!


Could somebody 'else' please answer my questions? both in my 1st and 2nd post.
I cannot post a link of the application from the USPTO website. Could somebody please search USPTO for "PHARRELL" and look at the 16th entry application and then answer according to my 1st and 2nd post?

THANK YOU!

 

[quincy]

I specifically came on this site to get some answers. I surely understand that i can consult an attorney, thats not what i wan to do.
I know the uspto website! i cannot find an answer on the website so that is why i am asking here!


Could somebody please answer my questions? both in my 1st and 2nd post.
I cannot post a link of the application from the USPTO website. Could somebody please search USPTO for "PHARRELL" and look at the 16th entry application and then answer according to my 1st and 2nd post?

THANK YOU!

Geez, mr.m0dit. We generally do not entertain questions AT ALL from those posting from different countries, and we NEVER take kindly to DEMANDS being made of us, from those in this country or, especially, from those in others.

!!!!!!

 

[mr.m0dit]

Geez, mr.m0dit. We generally do not entertain questions AT ALL from those posting from different countries, and we NEVER take kindly to DEMANDS being made of us, from those in this country or, especially, from those in others.

!!!!!!

Why does it matter what country i am in. I am from US, i live in the UK right now. This does not make any difference.

I have not demanded anything! I asked for someone to answer my questions. Im sensing some discrimination here (cant believe someone Liked your response).
Dont get mad because i asked someone else to answer my questions. I did not get my answers from you. What more can i say? No need to be bitter.

Again, could somebody else please answer to my questions?

Thanks!

 

[quincy]

... I know the uspto website! ...

Provided below is where you needed to look on the USPTO website for the answers to your questions, charming fellow.

The following is a link to the Trademark Examiners Manual of Procedure (TMEP) on the USPTO website, "Intent to Use Application" (1100): http://tmep.uspto.gov/RDMS/detail/manual/TMEP/current/d1e2.xml#/manual/TMEP/current/TMEP-1100d1e1.xml

You might want to look specifically at Sections 1102.01, 1102.03, 1104.01(b) and 1104.03(a) - although reading through it all should help you in filling our your application.

No one on this forum can tell you whether your application will be refused or not, however the odds are pretty good the examining attorney will contact you at some point during the examination of your application. The examiner will let you know when there is a problem with your filing. Two of the most common reasons an examiner will contact an applicant are over problems with the classification of goods/services and the descriptions of goods/services.

As I have mentioned before, it is important that you actually intend to use your mark on the goods that you list. You will be swearing to the truth of all that you include in your application.

Once again, I recommend you seek out an attorney in the U.K. for help in filling out your application, instead of trying to muddle through on your own.