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Trademark protection

 
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creeo

posts: 4

Jul 06, 2008 5:05 AM ET    Quote  Report Abuse
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  I`m trying to figure this out. As I understand the Trademark rules you must have a product offered for comercial sales before you can qualify to apply for a Trademark. How can you protect a very catchy name for a product if you need to sell it first. I have an invention that I wish to sell on a website and the domain name is the product name.( I already own the domain) I want to "launch" the website with the product for sale but by the time a Trademark gets issued there could potentially be damage done to the product name from some other use. What am I missing here???
 
 Chris
pepperlegal

posts: 153

Jul 07, 2008 4:34 PM ET    Quote  Report Abuse
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Chris,

You are able to apply for a federal trademark registration BEFORE you actually have your produce or service in commerce under what`s called an "intent to use" application.  Once you file under this mode, you have six months (which may be extended) in which to file an allegation of use with the U.S. Patent and Trademark Office (which would be when you launch your product/service).



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creeo

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Jul 13, 2008 2:08 PM ET    Quote  Report Abuse
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 Thanks, I think I can handle that. I`ve also picked up some good info. from an older thread here. I wish I had the time to read all the threads here then I might not be so unnecessarily cautious and nervous about my new product.      Even though it is the next "BIG IDEA".......  Uh Oh, that`s not an infringement is it???
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