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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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To trademark a mascot, what is required? I am using a

Customer Question

To trademark a mascot, what is required? I am using a picture of a dog we pay for usage rights from image stock or one of those places. Should we own the photo outright? Do I TM using a dog in general or the specific dog? I'm attaching a sample pose. Do I need a TM for each situation the dog is pictured in or just in general this dog in association with our industry ?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

You need an image of exactly what you want to trademark (e.g. the image of the dog, and nothing else) in a pdf or jpeg file, you need to identify the class of goods/services that the mark is used in, and you also need evidence of use in commerce, which can take the form of an advertisement/brochure/product label that shows the TM being used in connection with the goods/services being applied for. Yes, you should own the rights so there is no conflict. also, it would be better to have a mascot image/caricature that does not change, because the TM application can only be for a specific mark (name or logo).

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