What three things........

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patentandtrademark

posts: 1332

Nov 06, 2008 8:19 PM ET Quote Report Abuse

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When applying to register a federal trademark, what THREE things are required on a webpage in order for that webpage to be an acceptable specimen showing a trademark in use in interstate commerce? If you don’t know the answer, you should not apply for a federal trademark registration by yourself – or “hire” Legalzoom to do it.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

TigerTaco

posts: 337

Nov 06, 2008 9:10 PM ET Quote Report Abuse

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... so, you`re not going to tell us, are you.

Am I the only one who finds it funny, especially in light of your "SuNBassador" title, how you tend to toss these "fear bombs" and don`t bother to answer or complete the conversation?

I mean, why not just state what they are? Or even say happens when some poor fool does it themselves or uses legalzoom without knowing your answer? Just saying you could give a little "non-legal advise" and still drive traffic to your site (and not come off as, well, a lawyer!~)

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Chris Miller, a simple taco maker:
The Tiger Taco home in the U.S.A.
Tiger Tacos in Australia
Tiger Tacos in the United Kingdom

Videography

posts: 672

Nov 06, 2008 10:30 PM ET Quote Report Abuse

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My reading of the USPTO site is that you can trademark a name or logo, but not a whole web page.

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Steve Mann
Internet Videographer
MannMade Digital Video
My Email

vwebworld

posts: 1237

Nov 06, 2008 10:47 PM ET Quote Report Abuse

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Some info about trademarks and web pages

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Web Design | Best Beef Jerky | ecommerce articles | Follow vwebworld on Twitter

patentandtrademark

posts: 1332

Nov 07, 2008 8:32 AM ET Quote Report Abuse

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I am sorry that some folks find such questions so scary and become fearful. It is only a few days past Halloween and all, so I can understand how some people might be a bit sensitive after all those ghosts and goblins.

Yes, it is true that you can not trademark an entire webpage – at least not most webpages. The webpage might be protected via copyright law. The webpage may be used as a specimen showing the trademark in use in interstate commerce, provided it is done properly. I`m sorry to sound like a lawyer - it`s hard not to when you are a lawyer and talking about the law. Also, the answer to this rather scary question is not on my website.

To respond more directly, what happens when "some poor fool" does the webpage wrong is that the mark is not registered because the mark is deemed not to be in use in interstate commerce. The Applicant’s mark is rejected by the PTO. The Applicant is then free to consider hiring a lawyer in the future – or to keep doing the same thing and hoping for a different outcome.

TigerTaco

posts: 337

Nov 07, 2008 9:17 AM ET Quote Report Abuse

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You are still being disingenuous with your answer to the question you ask. (so nice)

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Chris Miller, a simple taco maker:
The Tiger Taco home in the U.S.A.
Tiger Tacos in Australia
Tiger Tacos in the United Kingdom

patentandtrademark

posts: 1332

Nov 07, 2008 10:50 AM ET Quote Report Abuse

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Sorry for the confusion. I was answering YOUR question about the hypothetical "poor fool" who does it themselves. Thanks again.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Videography

posts: 672

Nov 07, 2008 11:55 AM ET Quote Report Abuse

Points: 0 Vote

"I am sorry that some folks find such questions so scary and become fearful."

scary? fearful? You`re preaching to the choir here. The regulars on this forum probably know as much as you regarding trademarking, maybe more in some cases. Your first post looked and sounded like an ad. If you were trying to prompt a discussion about trademarks, then you shouldn`t ask a question that you already know the answer to. That`s so... lawyerish.. Also, it was *your* post that suggested that you could trademark a web site.

If you want to post an informational blog, then post the information. Do that and you will come across as an expert in the field that others may refer to you. Don`t make it into an ad for your legal services or you appear to be just another troll to be ignored.

If we suggest erroneous information to someone, then just post the correct information.

-------------------------

Steve Mann
Internet Videographer
MannMade Digital Video
My Email

patentandtrademark

posts: 1332

Nov 08, 2008 7:46 PM ET Quote Report Abuse

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My post mentions webpages as specimens for federal trademark registrations. I invite you to read it. It`s interesting to note that I am hearing criticism that:

1. I know less than regulars on this forum and

2. I should "just tell the answer" to my question [which you would already know given the extremely high level of knowlege everybody already has.]

Which is it? I am not telling enough information or would telling the information simply be telling what is already known?

Nobody has answered the original question, suggesting nobody knows the answer - which is fine. What`s wrong with preaching to the choir? The choir probably likes the preaching - at least enough to sit through it long enough to sing.

TigerTaco

posts: 337

Nov 09, 2008 3:52 PM ET Quote Report Abuse

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When applying to register a federal trademark, what THREE things are required on a webpage in order for that webpage to be an acceptable specimen showing a trademark in use in interstate commerce?

I would like to have your answer to this question.

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Chris Miller, a simple taco maker:
The Tiger Taco home in the U.S.A.
Tiger Tacos in Australia
Tiger Tacos in the United Kingdom

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