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JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33149
Experience:  18 years experience
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I'm interested in filing for a trademark and I want to know

Customer Question

I'm interested in filing for a trademark and I want to know if using the brand name on monetized videos counts as "in use". The brand name refers to the main character in my videos, which are monetized with adsense, licensed (actively earning money) to websites and tv shows and also relate to the theme of my web store. Does this qualify as a trademark "in use"?Im also developing a product related to my brand, but it is not yet available for pre order. I'd like to file as soon as possible. Do I have to have a physical product to qualify for a trademark or can a video brand/character be used?
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  JD 1992 replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 5 months ago.

No, you don't have to have a physical product. An example of this would be the cartoon or comic book characters that are just starting out, they often don't have any physical products other than whatever they are "starring in". Of course, the more they are in use the stronger your trademark is but it isn't required to have a protected trademark.

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