First Use in Commerce Question and Class Question

[coolmaltese]

What is the name of your state (only U.S. law)? Florida

In 2006, I created a resource website for pet and animal issues including lost and found pets, local shelter and rescue resources, animal cruelty reporting procedures and laws, and other related issues.

A few years ago, I created a community Facebook page as an extension of the website dealing primarily with regional lost and found pets.

Both have received a lot of attention and are continually growing with the Facebook page now being the most active in the region (the Facebook page uses the same name as the website). Both serve more than one state.

I would like to trademark the name. When I selected the name back in 2006, after searching using online search engines and the USPTO search page, there was nothing similar to the name. There is still nothing similar today so there shouldn't be any likelihood of confusion issues.

Two questions:

1. What would be the first use in commerce for this type of trademark (or service mark)? There is no "product" and no service is being "sold" (everything is free). Would the first use in commerce be the date the website was active?

2. The only Trademark Goods and Services Class Code that seems to apply here would be Services Class 45, "Personal and social services rendered...". Would this be the appropriate code for this type of mark?

Thanks in advance...

 

[quincy]

What is the name of your state (only U.S. law)? Florida

In 2006, I created a resource website for pet and animal issues including lost and found pets, local shelter and rescue resources, animal cruelty reporting procedures and laws, and other related issues.

A few years ago, I created a community Facebook page as an extension of the website dealing primarily with regional lost and found pets.

Both have received a lot of attention and are continually growing with the Facebook page now being the most active in the region (the Facebook page uses the same name as the website). Both serve more than one state.

I would like to trademark the name. When I selected the name back in 2006, after searching using online search engines and the USPTO search page, there was nothing similar to the name. There is still nothing similar today so there shouldn't be any likelihood of confusion issues.

If you have been using a name to identify your website service, you have already gained trademark rights in the name through its use as an identifier. Federal registration of the name you have been using as a trademark is not required in the US. Ownership in a trademark (generally) comes with the first use of the mark. There are, however, benefits to having a trademark federally registered should the mark be infringed.

Two questions:

1. What would be the first use in commerce for this type of trademark (or service mark)? There is no "product" and no service is being "sold" (everything is free). Would the first use in commerce be the date the website was active?

First use would be when you first started marketing information on your website to others. Trademarks identify goods or services either sold OR offered.

2. The only Trademark Goods and Services Class Code that seems to apply here would be Services Class 45, "Personal and social services rendered...". Would this be the appropriate code for this type of mark?

It appears to me from your description that you offer an information or advertising service. You will want to make sure to accurately describe and classify your service properly, however. You might find you want to register in more than one class.

Following is a link to the US Acceptable Identification of Goods and Services Manual that can be of some help, or you can look for professional assistance in your area.

http://tess2.uspto.gov/netahtml/tidm.html

Good luck.

 

[FlyingRon]

The "service" just implies that you are peforming work as opposed to providing goods. Whether you get the money directly from the people you serve or via selling advertising on the website, or you are taking donations, doesn't change the "commerce" aspect.

 

[quincy]

Following is a link to the US Acceptable Identification of Goods and Services Manual:

http://tess2.uspto.gov/netahtml/tidm.html

In addition to the link I provided earlier and have provided again here, NOLO's Legal Encyclopedia has good looks (in easy to understand language) of the various classes. Following are links to NOLO's information on four classes. You can search online for others.

Class 41, Education and Entertainment Services: http://www.nolo.com/legal-encyclopedia/trademark-class-41-education-entertainment-services.html

Class 35, Advertising and Business Services: http://www.nolo.com/legal-encyclopedia/trademark-class-35-advertising-business-services.html

Class 45, Personal and Legal Services: http://www.nolo.com/legal-encyclopedia/trademark-class-45-legal-security-services.html

Class 38, Telecommunications Services: http://www.nolo.com/legal-encyclopedia/trademark-class-38-telecommunications-services.html

Because of service overlaps, some people find that registering their mark in more than one class can be smart. Whether this is something you want to consider or not is best discussed with an IP attorney in your area. There is an additional cost for each additional class.

 

[coolmaltese]

Thanks quincy and FlyingRon for the quick replies and references. I will look into the additional class codes, links, and the NOLO information.

As a side note, thanks to all the volunteers here who answer the posts. I know how much time it can take to provide replies and references to the volume of posts this website gets. Your time and efforts are appreciated...

 

[quincy]

Thanks quincy and FlyingRon for the quick replies and references. I will look into the additional class codes, links, and the NOLO information.

As a side note, thanks to all the volunteers here who answer the posts. I know how much time it can take to provide replies and references to the volume of posts this website gets. Your time and efforts are appreciated...

Thanks for the thanks, coolmaltese.

I think we need to bronze your post.