In registering for a trademark, can I choose Section 1(a) if I haven’t officially begun selling my product?
I have created a product that I would like to sell online as well as different retail stores. A few friends and acquaintances of mine have already purchased the product, and I already own the site where I will soon begin selling it online. I have also sold an earlier prototype of the product on ebay using the same name I am trying to trademark, but the logo was different at the time. I usually bring the product with me in case someone likes it and wants to buy one, but I have not done anything concerning sales or revenue taxes yet.
Now I am filling out the forms to register the trademark, and I have come to the page for assigning a file basis. I can choose between Section 1(a), Section 1(b), Section 44(d), and Section 44(e). To avoid filing yet another form in the future, I would rather choose Section 1(a) than 1(b), but I do not know how much proof they will want that I am already using the mark in commerce now. Is my trademark eligible for Section 1(a), or will it be declined if I choose 1(a)?
One other part of the form that I was in doubt about was on the first page that asks for my name and then the entity type. For entity type I can choose individual or sole proprietorship, among others. The business I started which sells the product is a sole proprietorship, but I am an individual, so which should I choose. If I choose sole proprietorship, must I check the option under my name "Doing business as" and write the name of my business?
Thank you for the help!
I need to really caution you that registering a trademark is not as simple as merely filling out a form. If you screw up your trademark registration, you may risk losing rights to your trademark. Once you lose valuable rights to you trademark, you cannot fix it by just filling out another form in the future — those rights may be forever lost. I can’t stress this enough. My advice to you is to hire a trademark attorney to help you through the process. Don’t be penny wise and pound foolish.
If you really want to do this yourself, the first step is to familiarize yourself with the TMEP, which I have linked below. It is the "Bible" of trademark procedure with respect to the USPTO.
http://tess2.uspto.gov/tmdb/tmep/
That being said, from your limited facts, it does not look like you even meet the requirements for a 1(a) application.
I need to really caution you that registering a trademark is not as simple as merely filling out a form. If you screw up your trademark registration, you may risk losing rights to your trademark. Once you lose valuable rights to you trademark, you cannot fix it by just filling out another form in the future — those rights may be forever lost. I can’t stress this enough. My advice to you is to hire a trademark attorney to help you through the process. Don’t be penny wise and pound foolish.
If you really want to do this yourself, the first step is to familiarize yourself with the TMEP, which I have linked below. It is the "Bible" of trademark procedure with respect to the USPTO.
http://tess2.uspto.gov/tmdb/tmep/
That being said, from your limited facts, it does not look like you even meet the requirements for a 1(a) application.
References :
Hi Hellen,
In case you want to apply for trademark registration in Canada you can log on to http://www.trademarkcanada.org and get their free trademark guide. It will help you understand the process better.
thank you
Sonali
References :
http://www.trademarkcanada.org