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I am interested in trademarking my business but have a bunch…

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Hello! I am interested...

Hello! I am interested in trademarking my business but have a bunch of questions the name of the business is generic "Drills" and i created a logo that i own. Is it not worth trying to trademark it? What happens if it gets rejected?

Lawyer's Assistant: Is the trademark federally registered?

No i havent done anything yet and i looked it up and the name "Drills" is federally registered but not in the same class but the name Drills and Skills is somewhat in the same class i would be offering fitness classes

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

Nope this is my first step

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What happens if my trademark is rejected? do i have to stop using it? also, should i register the name or just the logo which includes the name how much is a consult?

Submitted: 5 months ago.Category: Legal
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Customer reply replied 5 months ago
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Customer reply replied 5 months ago
I will be offering football based footcamp classes, which are a mix of strength and conditioning and football drills. Im not sure what class this would be under. Is it worth trademarking the whole logo(which includes the name)? Or just the name, even though the name is generic? How do I know if I did a comprehensive search? I dont feel confident submitting it and having it get rejected.
Answered in 1 hour by:
11/11/2017
Lawyer: N Cal Atty, Lawyer replied 5 months ago
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,659
Experience: attorney at self
Verified

Thank you for your question.

My opinion is that the mark is too generic to be registered as a trademark:

"Generic words are the weakest types of “marks” (and cannot even qualify as “marks” in the legal sense) and are never registrable or enforceable against third parties. Because generic words
are the common, everyday name for goods and services and everyone has the right to use such terms to refer to their goods and services, they are not protectable. Be aware that if you adopt a generic term to identify your goods or services, you will not be able to prevent others from using it to identify potentially competing products or services. "

from

https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf

but you can copyright the logo, see

https://www.copyright.gov/registration/

My opinion is that it is also too close to Drills and Skills, and you cannot register a trademark if there is a likelihood of confusion with an existing trademark.

Technically this would be a service mark and not a trademark because you are offering services, not a product, see

https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms

but the same rules generally apply to both.

http://www.bpmlegal.com/howtotmsrch.html

has advice on how to do a trademark search but most people hire a trademark attorney do this prior to fiing an application.

You can find trademark attorneys listed by location here. I think you will need to come up with a more distinctive, less generic mark.

I hope this information is helpful.

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Customer reply replied 5 months ago
Thank you! When you say I will need to come up with a less generic mark, does that mean a less generic name or a less generic logo?Do you have any tips on how to make my name and/or logo more specific and more likely to be trademarked?
Lawyer: N Cal Atty, Lawyer replied 5 months ago

Adding your name would make it more distinctive. ***** *****'s Football Drills is much more distinctive than just Drills.

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Customer reply replied 5 months ago
Thanks! What about "Drills Practice" or "Drills VA"? Did you see the logo? Do you think I could get the logo trademarked? The logo includes the word Drills, but I could change it to Drills VA or something. Could I get the logo trademarked that includes an untrademarked name (like "Drills")?
Lawyer: N Cal Atty, Lawyer replied 5 months ago

Since it combines an image with the word, you can probably register it as a service mark.

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N Cal Atty
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