July 2015 Archives

Phantom Marks

When filing for a trademark, it is important to remember that you are filing for the mark as you use or plan to use it. That is, you can only file for one mark per application. For example, if you have a stylized trademark where you have one word stacked over another, while the other version has the words side by side, although the marks share identical wording, the USPTO will consider that to be two different and distinct trademarks. The same situation applies for word marks - applying for the mark TRADEMARK in one application versus use of the term TRADE MARK will be considered two separate marks.