MARK TRADEMAN, TMIN NEWS ANCHOR: Confused about how to identify
your goods and services?
You're not alone.
Stay tuned for some important tips and keep in mind...
Correctly identifying your goods and services is one of the most
critical aspects of your application.
A failure to correctly list the goods and services with which
you use the mark may prevent you from registering your mark.
And you will not be given a refund.
If you're asking what an "identification" is or what is
meant by "goods and services," think about it this way.
What do customers purchase from you?
An actual physical product that bears your trademark?
Or do they hire you to perform an activity for them?
If it's products, you have goods.
If it's activities, you have services.
Although the determination of whether you have goods or
services can be confusing, it's critical that you make the
correct identification.
To help you along, let's look at an example that applicants often
find confusing: T-shirts and the silk screening of t-shirts.
Let's say you designed a bunch of t-shirts and you want to
sell them.
If a customer purchases one, you're providing
goods: t-shirts.
Note that the customer didn't pay you to perform an activity.
He paid you for a "thing." You, then, are a goods provider and
you'd want to identify your goods as "t-shirts."
On the other hand, let's say a customer has created a new
design that she wants you to print on a t-shirt.
If you do as she asks, you're providing a service: a silk
screen printing service.
Now, although the customer does end up with a t-shirt, she
didn't come to you to purchase a "thing." She hired you to
perform an activity.
You, then, are a service provider and you'd want to
identify your services as "Imprinting messages on
t-shirts" or "Silk screen printing."
But "Wait!" you might be asking.
"Don't I need to put down that I'm selling my t-shirts?"
The quick answer is "No." The selling of your own goods is
never a service, but the providing of a convenient place
to purchase goods is.
So, if you have a website or a retail store where you provide a
place for people to purchase goods, such as t-shirts, then
you'd want to identify "retail store services." For our example
here, your services would be "Retail store and online retail
store services featuring t-shirts."
See the difference between them all?
It can be confusing, but just remember: goods are things that
bear your trademark; services are activities that you perform
for others.
The Office has a listing of acceptable goods and services in
the Trademark Manual of Acceptable Identifications of
Goods and Services, it's also known as the ID Manual.
For guidance, spend a few minutes with the ID Manual and
see if the Manual contains an identification that accurately
reflects your goods and services.
If so, use that ID in your application.
Keep in mind, however, that "accurate" does not mean "overly
specific." Selecting the general category of your goods
and services is perfectly acceptable.
For example, if your goods are t-shirts featuring rhinestones,
you do not have to include the information about rhinestones in
your identification or e-mail the Office to have the ID added
to the Manual.
You may simply identify your clothing in the application as
"T-shirts" or "Shirts" or even "Tops."
If the ID Manual does not contain an acceptable listing
for your type of good or service, and you're applying
through either TEAS RF ("TEAS Reduced Fee") or TEAS Regular,
use the "free-form text" option to explain the goods and
services in your own words.
If you're applying through the TEAS Plus form (and the ID
Manual does not contain an acceptable listing), you have
several options.
You can e-mail the Office to see if the ID can be added to the
Manual or you can start over and use either TEAS RF or
TEAS Regular.
In any event, be aware that "close doesn't count." Merely
choosing an identification in the Manual that is similar to
your goods and services, but that does not accurately reflect
them, can cause major problems in your application and could
prevent the eventual registration of your trademark.
In addition, it's important to list the correct ID, because you
can't add goods and services later and you can't switch back
and forth between goods and services if you get it wrong.
Also remember that an ID should not indicate a "manner of use."
That is, the ID should not indicate how you intend to
market your goods and services.
So, unless you actually sell business cards to other people
or provide actual advertising services for other people, do
not write down "business cards" or "advertising." Your ID should
specify either the actual goods upon which your mark is used or
the actual services with which your mark is used.
Another common mistake is to list every type of good or
service within an International Class.
Doing this may cause major delays for your application.
You should only list the goods and services with which you are
actually using the mark or have a bona fide intent to use
the mark.
If you discover later on that you want to add additional goods
and services, you must file a new application to cover those
goods and services.
Essentially, although you can modify wording in your original
application to clarify the exact nature of your goods and
services, you cannot simply add goods and services to
that application.
Correctly identifying your goods and services is critical.
Take your time and choose carefully and wisely.
The registrability of your mark may depend on the ID that you
choose now.
Feel free to replay this broadcast and click on any of
the links within the form for more information.
And keep an eye out for more of these broadcasts throughout
the website.
I'm Mark Trademan, Trademark Information Network.
For more infomation >> Self-service BI and enterprise reporting on-premises with Power BI Report Server - Duration: 1:14:01. 
For more infomation >> Services for Veterans offered at Stand Down event in Springfield - Duration: 1:19. 
Không có nhận xét nào:
Đăng nhận xét