Which term should be used in trademark application to USPTO?

3 views 6 answers
I find there are so many similar terms to describe bedding products I sell, for example: (1)Beddings, namely, pillow cases, bed sheets, comforters, blankets, duvet covers, quilts, bedspreads. (2)Bed linen Which is better to me?

Attorney Answers

6
Eric Kelly ·
We cannot answer this question without knowing what goods are associated or are to be associated with your mark. The description of your class identification should disclose all goods currently associated with the mark and/or all goods with a bona fide intent to use with that mark. You do want to be complete when you file, as once you file, any amendments in this area cannot be broadening, but only narrowing - so you will not be able to add goods upon amendment, adding goods would require filing an additional registration application. Consult your trademark attorney for assistance.
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Cliff Kuehn ·
I agree that this is difficult to answer without knowing exactly what you sell. However, in general I aim to use broader terminology rather than narrower terminology, for the reason Eric alludes to. After an application has been filed, you can always narrow your goods/services language, but you cannot broaden it. An trademark lawyer can help save you time and brain power by drafting these goods and services in a way that preserves your rights the best by finding the right balance between broad and narrow terminology. The former will get your trademark application rejected, while the latter will give you less rights. In fact, drafting the goods and services terminology is one of the most technical parts of a trademark application, and where the biggest benefit can be gained by having a trademark lawyer assist. Good luck.
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Christopher Ahern ·
Speak to a local Trademark attorney on what exactly in terms of goods you seek to trademark. By utilizing the find a lawyer tool, you're well on your way. Best of luck.
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Bryan Bockhop ·
It all depends on what you are actually selling. For example, you should not choose the first option if you are not selling duvet covers. On the other hand, "bed linen" might not apply to cotton bedding. You should consult with a trademark attorney on this.
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Glenn Johnston ·
You question demonstrates why you should not try to do a trademark clearance and application on your own, without the assistance of an attorney. First of all, you haven't stated whether you are only seeking the mark for one line of goods. Second, you haven't given any information about the use of the mark in commerce. Third, you haven't stated whether you are simply importing the goods and applying your mark or actually manufacturing the goods. Have you even spoken to a customs broker about the Tariff codes and how they can impact trademark protections for your goods at the border? Have you planned how to apply and enforce your rights in the mark? Are you even aware that you can register for multiple classes of goods simultaneously? Will you be including any services under the mark? Do you plan on using any particular color scheme or design in the mark, and has it been cleared against the trade dress of other mark holders? There are SPECIFIC parameters that apply to how goods are classified (which closely parallel the Harmonized Tariff Schedule) which may affect the manner in which you apply. I'd suggest that you sit down with a trademark attorney to do a search, and then an application.
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Joseph Dreitler ·
All good answers. What EXACTLY are you selling? Don't stretch the terms to put down stuff you are not selling. If blankets and quilts are what you sell, leave it at that. Point is to register for what you sell, not what you WANT to sell. The first is valid, the second is not. In most cases if your name is distinctive and you are selling blankets, no later comer can register the same or highly similar name for pillow cases. But, facts are always key in this area of the law. You can never say anything without knowing all of the facts. One small change of facts can and often does change the outcome and opinion
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