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The Law Office of Joan I. Norek |
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Intellectual Property |
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Chicago, Illinois |
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1. How the mark is (or will be) used? Is the trademark displayed on the products and/or the packaging? Is the service mark displayed on promotional material for services? 2. Should the manner of use be upgraded? Are the TM trademark symbol, or the SM service mark symbol, displayed after the mark? Are the words of a word mark distinguished from neighboring text by font style and/or font size? Is sufficient and consistent repetition seen? 3. Should the manner of use be corrected? Is there confusion between the trademark and the trade name? Is a wrong symbol being used? 4. When and where has the mark been used (or will be used)? Has there been actual commercial use of the mark, and if not, when is use expected to commence? Where has the mark been used, and if insufficient for federal registration, what use expansion is expected? 5. What products/services are to be claimed? What are the products/services on which the mark is, or will be, used? How many International Classes do the products/services fall? Is an ITU application advisable to capture protection ahead of use? Is a cost-efficiency narrowing of the protection a possibility? 6. How should the mark be presented for registration? Is a standard character claim available? Are the words divisible from graphic elements with which it is used? Should more than one registration application be filed? 7. Is the mark available? Are there conflicting federal registrations or pending registration applications? Are there conflicting marks or usages seen in the marketplace? 8. Is the mark protectible? Is the mark descriptive of the product/service, or components thereof, or attributes thereof, and if so, to what degree? Is the mark prohibitively misdescriptive? Are there generic or descriptive usages of the mark in the marketplace. Is there any other reason the mark is incapable of functioning as a trademark? Don't Fly Blindly - It's Your Trademark - Handle with Care other topics - registration process outline, registration details & costs, about registrations, order trademark search, domain names, slogans
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055 |
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