Friday, March 16, 2012

Do I Register for One Mark or Two?

Dear Rich: I would like to register a word service mark and a logo (which are the initials of the word mark) at the same time if possible. The word mark and logo are not used right next to each other on the website, however, or in any other promotional materials. From the research that I have done I think that he will have to register them separately, but I wanted to get a second opinion if possible. Second opinions are always a good idea unless the first opinion comes from our favorite MD (left). In any case, our hard working staff concurs with your first opinion. As the USPTO points out, "Only one mark is permissible per application, although a mark may consist of several elements that are joined to form a composite whole (e.g., words plus a design)." We took a look at your web page and we think that you have two separate marks -- not one composite design mark. So, two applications are in order. By the way, we discussed initials as trademarks in a recent entry.