Trademark Or Service Mark Application: Fill & Download for Free

A trademark is a type of service mark so yes, you should apply for a trademark.Trademarks are territorial so as an example I’ll discuss the process around UK trademarks (similar to most others).Registering for a trademark is a process of deciding what exactly you want to include:Words?Sounds?Logos?Colours?Each of these categories has its own trademark class. You will want to include all aspects of your trademark for registering. There is not one large, encompassing category where you put your trademark under. The basic fee for a trademark is £180. In the UK, it will cost an extra £50 per each additional class.Your trademark cannot:Be offensive, or include offensive wordingDescribe the goods or services (ex. cannot trademark cotton for a cotton textile company)Mislead the consumerBe a 3-dimensional shape associated with your trademarkBe too common or non-distinctiveLook too similar to state symbols (flags or hallmarks) based on the World Intellectual Property Organization guidelinesYou also must search the trade marks database before sending out your application. This is to ensure no one else has already registered an identical or similar trademark.In the event that someone has, you are permitted to ask permission to register yours. If they agree, they must give you a letter of consent to which you have to include in your application.Now that you have followed those steps, you are ready to apply! What you will need to apply:Details of what you want to register (a word, illustration, or slogan)The trade mark classes you want to register inConsult the UK Government website for help in covering your bases in a more detailed process.Need more advice on trademarks or other topics? Check out our Blog! If you are still unsure about what you need, schedule a free Startup Legal Session with Linkilaw today!

While what the U.S. company did appears to be somewhat obnoxious, I expect that, as a practical matter, there is little that you can do about it within the U.S. legal system.Trademark protection (which, rather than copyright, is at issue here) is country-specific. If your company was not selling its products in the U.S., the it has no rights to the "FEAT" brand here.There is a pending application (#86469761) for a U.S. trademark registration for "Feat Socks". The applicant is Promo Lacrosse, LLC, a Connecticut limited liability company.Even if you had grounds to object to that registration, it could cost tens of thousands of dollars to have a lawyer represent you for that purpose.It is conceivable that you could use business, rather than legal, means (making a fuss in FB, Kickstarter, etc.) to obtain recognition and compensation. But, even then, you would need to retain a business lawyer in the U.S. to advise you: If you were noticed to the extent that you had a material effect on the U.S. entity's business, you may well find yourself the defendant in a lawsuit alleging interference with contractual relationships, libel, and the like.I do have, however, a final thought concerning a quick, relatively low cost approach that might help you: ICANN's Uniform Domain Name Dispute Resolution Procedure. I blogged about this several years ago. Quoting http://danashultz.com/blog/2010/07/19/how-to-defeat-a-cybersquatter/ :Someone has obtained a domain name that is the same as, or confusingly similar to, a trademark or service mark that you own. How can you take the domain name from this “cybersquatter”?When he registered the domain name, the cybersquatter (the Registrant) agreed to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).Under the UDRP, you (the Complainant) will be required to prove all of the following:(i) The domain name is identical or confusingly similar to a trademark or service mark in which you have rights.(ii) The Registrant has no rights or legitimate interests in respect of the domain name.(iii) The domain name has been registered and is being used in bad faith.The following are examples of registration and use in bad faith – the facts on which UDRP decisions often turn:(i) Circumstances indicating that the Registrant has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name.(ii) The Registrant has registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the Registrant has engaged in a pattern of such conduct.(iii) The Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor.(iv) By using the domain name, the Registrant has intentionally attempted to attract, for commercial gain, Internet users to his web site or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the web site or location or of a product or service on the web site or location.The UDRP does not necessarily require that either party be represented by a lawyer. However, Complainants, especially, with their marks and businesses at stake, often decide to retain legal counsel to ensure that all Rules are complied with and the complaint cites appropriate facts and authorities.I recommend that you look into this ASAP.

Thank you for your question. My response will analyze two issues. First, I will cover the four requirements that your domain name would have to satisfy to obtain trademark protection. Then, I will discuss how you could appropriate your competitor’s trademark name if that name was already registered with the U.S. Patent and Trademark Office. I am assuming that you are only seeking federal trademark protection – if you also want to register your mark in a state, message me for more details.Your domain name would have to meet the following criteria for trademark protection:· Be used in the ordinary course of trade between states or between the United States and foreign nations. Products associated with your domain name should display the registered mark and documents associated with the domain name should do so as well.· The mark must be distinctive and non-generic (this means that the trademark cannot be the dictionary term for your product or serviceo Marks that are fanciful, arbitrary, or suggestive automatically meet the distinctiveness requirement. Fanciful marks are coined for use as trademarks and have no previous common dictionary meaning. Arbitrary marks may have common meanings but do not suggest or describe the goods or services for which they are used. Suggestive marks suggest a good’s or service’s quality or characteristic – thought, imagination, and perception are required to connect the good or service with the trademark. Descriptive marks describe a good’s or service’s ingredients, quality, function, purpose, and use – these marks are entitled to protection only after they are solidly associated in consumers’ minds with your product.· The mark cannot be too similar to an existing trademark· Domain name trademarks should not be generic and should also function as a service signifier, not an address that helps consumers find your firm.Assuming your competitor’s trademark is registered, you could still appropriate it under certain circumstances. If the trademark was not registered and your competitor is still claiming an ownership right in the mark, he could forfeit his rights in the mark if he misused the trademark or did not take action against you and others who were infringing on the mark. If the trademark was registered with the patent office, he could forfeit his rights in the mark if he did not renew his application in a timely manner or use the mark consistently in commerce. I hope this helps.Need assistance filing your trademark? LawTrades has amazing business lawyers across the country who can help get your business off the ground. We offer free initial consultations, transparent flat-fee pricing, and start-to-finish project management. Feel free to message me with any questions!