I plan to make and design custom clothing

My product is an electronic sound book for kids. the book is printed so it goes under class 16. But the book is also an electronic sound book pre-recorded in the device, so would it be considered "recorded on computer media" on class 9? If so, do I have to apply for 2 classes under one product? or just under class 16 with TEA standard with specific description? thanks in advance.

@USPTOvideo

2 жыл бұрын

Unfortunately, we cannot provide specific legal advice.

I plan on selling my custom clothes through my online store as well as having them made through a custom clothes shop where I can physically ship them out myself or have them brought in a retail store setting so I chose international class 35 (Retail Clothing stores; as well as Retail On-line retail consignment stores) is that to broad? or considered more than one class??? it says its all under one but just don't want to be blindsided by anything

@USPTOvideo

3 жыл бұрын

Correct, both of those identification are classified in Class 35. A reminder that the second listing in the ID Manual is On-line retail consignment stores featuring {indicate specific field, e.g. clothing, toys, household appliances}

@livinsowellr

3 жыл бұрын

@@USPTOvideo So I should be okay submitting it like that with no problem right I'm guessing that's what you are saying?

@USPTOvideo

3 жыл бұрын

All we are able to confirm at this point is that yes, both of the listings that you asked about fall in ONE class, Class 35.

@livinsowellr

3 жыл бұрын

@@USPTOvideo Thanks good to know! & my last question is if I file A Teas Plus application without filling out the parts related too foreign translation and other parts marked as non applicable if it doesn't aply will it still be accepted as an TEAS plus app or do those parts need to be answered as it concerns the TEAS plus app?

@USPTOvideo

3 жыл бұрын

If you file under TEAS Plus and it turns out that, in fact, the mark required a translation or transliteration and you did not provide that as part of the original filing, then within examination the examining attorney will indicate that you have lost TEAS Plus status and you will be required to pay an additional fee of $100 per class of goods/services. If the additional statements simply are not applicable under the facts of your application, then you are not penalized.

We have an ecommerce store that plans on selling outdoor gear and clothing. Would I be able to file this as a single goods and services with TEAS Standard?

@USPTOvideo

Жыл бұрын

You're welcome to use either TEAS Plus or TEAS Standard. To take advantage of the lower TEAS Plus filing fee, simply choose one of the customizable identifications of services from the ID Manual that you can access as you fill out the form. For example, you might choose an identification like "On-line retail store services featuring {indicate field or type of goods}." When you insert that entry into the application, the form will ask you to fill in the field or type of good that you sell at your online store and you could specify the general types of products that you provide. For more about the benefits of filing TEAS Plus, check out our "Trademark initial application form" webpage: www.uspto.gov/trademarks/apply/initial-application-forms.

@CalmBySound

Жыл бұрын

@@USPTOvideo If my store only sold T-Shirts currently but plans to sell all types of clothing in the near future can I just put clothing as type of goods instead of T-Shirts? That way it covers everything.

@USPTOvideo

Жыл бұрын

The USPTO cannot provide legal advice, so can't tell you what you should do. We can only explain what you can do. In short, it is acceptable to list a broad category of merchandise sold through retail store services, rather than each specific type of good. For example, an applicant could identify its services as "on-line retail store services featuring fresh fruit," rather than "on-line retail store services featuring fresh apples, oranges, grapes, bananas, lemons, and limes." In that situation, we wouldn't inquire as to the types of fresh fruit being provided. We would only look to see that, on the specimen of use, it shows that the applicant is providing fresh fruit through the on-line retail store, even if the only fruit we see on the specimen is a single type of fresh fruit, such as a bag of apples. As the trademark owner, it is your choice how to list your goods or services. Many applicants choose to identify their goods and services as broadly as possible, while also being as specific as necessary. This allows flexibility, as well as clarity. Just keep in mind, however, that trademark registration is not an opportunity to protect your trademark for a wish list of goods and services. You must be truthful about how you are using your trademark. In our example, however, if the store sells fresh fruit, the store can truthfully list "fresh fruit," even if the exact type of fresh fruit sold in the store changes over time. For more about goods and services, check out our "Goods and services" webpage: www.uspto.gov/trademarks/basics/goods-and-services.