Is it possible to met with a reviewer at the USPTO? We have a a somewhat complicated scenario: we’re trying to protect a series of tightly related phrases, where just one word is changed out. To give you an idea, it’s not a phrase that you would hear in common parlance, like “I love _________”. The base construction is rather unique, but we want to be able to protect it for, say, all fifty states. The number is actually much greater than that, so filing individual trademarks for each phrasing will be very expensive. I spoke with an attorney (not a IP specialist), and he was of the mind that 1) we’d have to pay for each phrasing and 2) he didn’t think they met with people. Does anyone know differently?
Also, can anyone think of a trademarked line that has multiple versions, where one word is changed out for a state, sports team, person’s name, etc.?
I suggest you reflect on the fact that, back in 1983, FedEx registered the phrase “When it absolutely positively has to be there overnight.” in 1999, they registered “absolutely positively.” They have registered a number of other phrases including those words. Registration also normally requires a specific visual representation, but I don’t know how that works in the FedEx case.
The trademark is restricted to their field of business; that is also required.
I worked in the Patent Office. I know you can request to meet with the Patent Examiner reviewing your case. I imagine the Trademark side of the fence is similar. There must be an Examiner reviewing your trademark application, and the Office should have sent info on how to contact your examiner. However, if you hired a lawyer to handle your case, you HAVE to go through your lawyer unless you revoke your Power of Atty. The Examiner cannot speak to you about your case, otherwise.
No. The examiner will review your application and issue a written ruling. You have to file first.
You really need the services of a competent IP attorney to advise you on what you’ve described. I don’t believe you can get a single trademark based on a template, and I also don’t believe you can get at trademark that includes somebody else’s trademarks, such as a team name.
On the patent side, I know that folks who file their own applications without the aid of an attorney often get a letter advising them to do so. It’s an indication that the person doesn’t understand the process well enough, and advice on how to gain that understanding.
I think the rules are a little different for a service mark which is what FedEx has, not a trademark. Part of it is that servicemarks do not require a specific visual format since how do you physically represent a service?
Thinking of this question some more, a big issue would be how much you need to change a trade or service mark to not infringe. McDonalds trademarks “I’m loving it” so can Burger King use “I’m really loving it”?
So let’s say you want to trademark ________ fans are stronger than (rival). So like “Chicago fans are stronger than Vikings” or “Chicago fans are stronger than Lions” then if you trademarked “fans are stronger than” for sports clothing could another person make “Chicago fans are stronger than Giants” for the NFC Championship game? An IP attorney may know.
No, it doesn’t. The most common kind of registration is a word mark, which is just typescript or a typed design, with no specific claim on the appearance of the type.
I know of no such difference or distinction.
I’m not sure what you’re getting at. A trademark or a service mark is a word, phrase, series of characters, image, logo (or perhaps even smell, sound, or color) that is distinctive (that is, capable of identifying the origin or source of goods or services). How is “physically representing a service” a factor?
You need a trademark attorney. I’m not sure exactly what you’re getting at, but you might be overthinking this. If one portion of your slogan is stable, then that might all you need to assert as a trademark. Think about Nissan commercials. They use “Shift” adjacent to a series of words and phrases. I don’t know whether or what they’ve registered, but I should think it entirely possible that the mark is just “Shift.” It might not matter what was adjacent to it.
Oh, boy. You need competent counsel. Get a trademark lawyer.