Trademarks can be a confusing area of law, and many trademark lawyers do not understand why someone might want to trademark a property.
If you are unsure whether a particular mark may be registered, we urge you to consult with an attorney to determine if you are entitled to trademark protection for your property.
In some cases, you may have a valid reason for owning the mark.
If so, we will explain why.1.
Trademark owner is selling property to someone else The first step in identifying a valid trademark is to determine whether or not a property is being sold for commercial purposes.
If it is not, you will have to ask a trademark attorney about whether the mark is registered for the purpose of selling it.
If your name is not on the property and your name has not been registered in a district in which it is likely that a sale will occur, you are not entitled to protection under the mark, even if you own the trademark and use it in a manner that would cause confusion.2.
An attorney believes the mark should be registered The trademark attorney can assist you in determining if the mark you want to register should be given the mark status.
If a trademark lawyer believes that your name does not belong on the mark because it is owned by another person, you should contact the trademark lawyer to determine what action may be appropriate.
If the mark cannot be registered because of a dispute about ownership, it will be given a low mark status in accordance with the Federal Trade Commission’s mark-identification guidelines.3.
The mark is not owned by the mark owner The trademark lawyer will determine whether the trademark owner owns the mark in question.
If he or she believes that the mark belongs to another person or entity, you must contact the owner of the mark to discuss this matter.4.
The trademark owner wants to register the mark for a particular purposeWhen a mark is being registered, the mark attorney will look for a number of factors that will determine its eligibility for registration.
These factors include:1.
The name of the property2.
The amount of the fee paid3.
Whether the mark has been registered as a registered trademark4.
Whether there is a registered registration for the mark5.
Whether a trademark holder owns the trademark that has been trademarkedThe following factors may help you determine whether a mark can be registered for a specific purpose:1, The name and address of the registered owner.2, Whether the property has been acquired or acquired by the registered owners3, The mark owner’s ability to register and maintain the mark4, Whether there are any trademark registrations for the same mark5, The likelihood that the marks will be used by the same person or group of people6, The location of the place where the mark will be registered7, The amount and types of trademarks used for the registered mark.
In general, the trademark agent will look at the following factors when determining whether a property owner is eligible to register a mark:1) The name or address of a trademark owner2) Whether the registered name is a real or personal name3) The registration date4) Whether there have been any previous registration efforts by the property owner5, Whether a registration is pending with the U.S. Patent and Trademark Office (USPTO)6, Whether an application has been submitted to the U