Legal Question in Intellectual Property in New Jersey
I'm starting a company that will allow users to use my service mark upon passing a course (similar to a certification) . Can I license the use of my mark to others while my application for the SM with the USPTO is in process? I know it takes 6+months to get a response. I've researched their database and did not find the mark already registered.
1 Answer from Attorneys
U.S. Trademarks and Service Marks are registered to indicate their use in interstate commerce. If you are using the mark, you can license others to do so without waiting for the registration to be formalized provided that you understand the risks. � Be very cautious that your business model does not look like a franchise arrangement. If it does, you should engage a lawyer who handles franchises before making any agreements or doing business with others. Franchising is regulated by both federal and State governments and the failure to observe the formalities of franchise offerings can bring you a lot of trouble. �
See also: http://info.corbettlaw.net/lawguru.htm
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