Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
1) you need to be using the mark in commerce in connection with goods/services for TM rights to arise. Your reference to "proprietary content" is confusing to me, it has nothing to do with TM rights. 2) Intent to use is for when you are not using the mark in commerce but plan to do so within 6 months. 3) Once you are using the mark in commerce you could claim "common law" TM rights, and place the "TM" symbol next to the name. Registering the mark will give you greater/broader rights
Hello. Thanks for your initial response. I have owned the domain and it has had a 'splash page.' However, one could imagine someone arguing that did not constitute use in commerce of actually offering the services (so different class of use argument). I have used the business name, but so far no out-of-state client, and so no hard proof to date. Finally, the 'proprietary content' comment was meant to indicate advertising the claimed services via a webpage advertising cross-state services. Since that might take weeks or months, it sounds like filing a provisional would give maximum protection. Or I could file on the same day I launch the branded site.
i see. at the time of filing the TM, you need to submit evidence of use in commerce, so if you don't have that you should go for an intent-to-use application if you will have the evidence within 6 months
as you suspected, a splash page may not be sufficient, what you really want is interstate sales/business
ok, cool. i want to claim in several specific lines (e.g., software for related service as well as service itself) and the former may not be ready at launch, but will be within six months, so i think the intent-to-use is the way to go. Once the intent-to-use is filed, other parties can be "warned off"? Anything specific? what about the UK aspect: do I need to file in UK, if the website offers services to UK-based clients?
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