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Business trademarking. IL. Trademark search

Second opinion] Business trademarking ...

Second opinion] Business trademarking

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IL

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Trademark search

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Answered in 1 hour by:
3/21/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,111
Experience: Attorney with over 25 years experience
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Hello. I am an IP attorney with over 25 years experience. What is trademark question as to a business?

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Customer reply replied 4 months ago
There is a business who's using the same name as mine and appears to have been in business one year prior to me. They have not trademarked the name so should I file it first and how will that affect me later on?

If they are using the name locally, they have common law rights of use to the name if they were using it before you in the same geographical area and they business are similar in nature. Since they have common law rights to the name, they do not need to trademark it to use it locally. However, if you trademark the name federally (at USPTO office), you will have national rights to use the name in the U.S. if they have not trademarked it.

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Customer reply replied 4 months ago
I am in Illinois and they appear to be in Maryland...does that make difference?

That certainly helps you. They have the name trademarked in their geographical area where they operate (MD) and their common law rights protect them there. If you trademark the name in IL and with the USPTO - you will have first right to use that name everywhere else.

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Customer reply replied 4 months ago
when completing the USPTO application, I understand that my business falls under class 36, however, there are a series of options that seem to apply. Should I choose all of them even if they seem similar or will that risk my application being rejected?

Choose the closest option to your business operations.

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Remember for each class - there is a separate registration fee.

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Customer reply replied 4 months ago
It seems as though my business fall under that class, however, I just afraid of over-choosing within the class 36 because many of the options seem similar.

yes, find the class that fits your business as a whole - since your business name is ***** ***** are trademarking.

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Customer reply replied 4 months ago
Is there one option that encompasses the entire class 36 available?

If you are not sure whether you should register in Class 36, you might also consider the following “coordinated” classes: Class 35 - Advertising and Business Services, Class 37 - Construction and Repair Services, Class 38 - Telecommunications Services, Class 39 - Shipping and Travel Services, Class 40 - Material Treatment Services, Class 41 - Education and Entertainment Services, Class 42 - Science and Technology Services, Class 43 - Food Services, Class 44 - Medical and Vet Services, Class 45 - Legal and Security Services. A coordinated class is one that is related to another class, usually because the PTO has determined that applicants filing within Class 36 often file in these other classes as well.

Have you considered that?

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Customer reply replied 4 months ago
I have and feel as though 36 is the closest representation. My business offers credit counseling and restoration services along with financial advice.

Okay. Just wanted to be sure you have considered all options. Then go with Class 36.

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Customer reply replied 4 months ago
Should I limit the options I choose within that class or just apply all of them that seem relevant even if the choices are smilar? I had up to 10 or more options with class 36 selected and wonder if that was even necessary.

I would limit your choices to a handful of options.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,111
Experience: Attorney with over 25 years experience
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Lori and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Ok, thank you for clarifying things for me.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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