Trademark/Servicemark

[BarbaraM]

What is the name of your state (only U.S. law)? Ohio
We are looking to Trademark our business. I have been researching what Classification our business would fall under (Signage, embellished apparel, tradeshow materials, marketing/advertising products & promotional products) At first glance of Classifications I thought we would fall under Class 40. Then after reading into it it does not include other things that we do, so I fell upon Servicemark.
My question is what would be the best solution since we cannot have more than 1 Classification listed in a trademark? Or, since we do a vast array of products would servicemark be more of a suit?

Thank you in advanced!

 

[quincy]

What is the name of your state (only U.S. law)? Ohio
We are looking to Trademark our business. I have been researching what Classification our business would fall under (Signage, embellished apparel, tradeshow materials, marketing/advertising products & promotional products) At first glance of Classifications I thought we would fall under Class 40. Then after reading into it it does not include other things that we do, so I fell upon Servicemark.
My question is what would be the best solution since we cannot have more than 1 Classification listed in a trademark? Or, since we do a vast array of products would servicemark be more of a suit?

Thank you in advanced!

A service mark is a service identifier in the same way that a trademark is a product identifier. Is your business a service or are you selling products (which is what it sounds like)?

The "40" classification for services is for treatment of materials. That does not sound like it applies.

You can register your mark under more than one classification. There is an extra fee, however, for each class.

 

[The Occultist]

You can register your mark under more than one classification. There is an extra fee, however, for each class.

The implied advice here, BarbaraM, is that it may be worth your while to register under multiple classifications to further protect yourself. A local attorney specifically versed in such law might be worth your investment of a short consultation, so that he might analyze all aspects of your business, to give you the best advice possible. I know you're here looking for "Free Advice", but, well, you know...

 

[quincy]

The implied advice here, BarbaraM, is that it may be worth your while to register under multiple classifications to further protect yourself. A local attorney specifically versed in such law might be worth your investment of a short consultation, so that he might analyze all aspects of your business, to give you the best advice possible. I know you're here looking for "Free Advice", but, well, you know...

I was remiss. I usually do not only imply that consultation with a trademark attorney would be smart, I generally just come right out and say it.

Determining the proper classification for their goods or services can be what gives trademark applicants the most trouble, and misclassification on an application can result in a call from the trademark examiner for clarification, or can get the registration application rejected.

The USPTO provides a lot of good information. An applicant can refer to the "Alphabetical List of Goods and Services" for help in determining which class fits their goods or services best (visit the USPTO site at http://uspto.gov or perhaps http://tess2.uspto.gov/netahtml/tidm.html). Many times what a trademark holder finds they need is to register their mark in more than one class.

But, because a trademark is more than just picking a name and running with it, it can be important to sit down with an IP attorney, first, to best ensure the mark does not infringe on anyone else's mark (a thorough search should be done), and, second, to best ensure that the mark is one that can actually be registered (some marks are automatically rejected), and, third, to best ensure that the application is filled out properly (and, again, it is the classification of the goods and services that can cause the most trouble).

 

[BarbaraM]

Thank you for the advice! I have been trying so desperately to do it myself (because everyone I have talked to states, "its so easy". I will take on council for this one.

Again, thank you!

 

[quincy]

Thank you for the advice! I have been trying so desperately to do it myself (because everyone I have talked to states, "its so easy". I will take on council for this one.

Again, thank you!

You're welcome, BarbaraM. Thank you for the thanks.

Perhaps trademark applications can be "easy" if the goods or services being offered fit nicely and clearly into a single classification and the name is clearly unique (no one else could possibly have it, like an invented word name) but I believe I heard it is about half of all applications that require a follow-up with the trademark examiner because of a problem with the application - so that means it is not all that easy for most people.

Good luck with your business.