Legal Question in Intellectual Property in Ohio

Trademark Registration

Hello:

I am interested in trademarking a logo and a tagline. When I performed a search with the USTPO, there is the same tagline that I came up with that is registered as of just 2 weeks ago, the only difference is that I have an exclamation point after mine and they do not. This is what the statement says on the application: The mark consists of standard characters, without claim to any particular font, style, size, or color.

My question is, can I still file my intent to use/trademark application even though its the same wording but technically its different because of the exclamation point? Do I need to file my logo seperate from the wording? The person that filed, only has 1 class listed. I dont know if that makes a difference or not.

Thank you


Asked on 11/17/08, 12:12 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Trademark Registration

A simple search at the USPTO only gives you about 20% of the data that is available regarding a phrase or word. I would suggest that you have a professional searcher do a search and look at the results. You may find that there are a number of difficulties to overcome to have your mark issue on the primary register.

Alternatively an attorney can do the search and prepare an opinion outlining about the viability of the mark. The choice is yours.

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Answered on 11/17/08, 12:20 pm


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