Legal Question in Intellectual Property in Texas

product name

I am an authorized distributor of a foreign made product that has not previously been offered for sale in the US. The manufacturer has applied for a patent. How do we register the name of the product to protect the name?


Asked on 1/06/00, 6:49 pm

1 Answer from Attorneys

Joseph Taddeo Attorney Joseph H. Taddeo

Re: product name

Filing for trademark registration with the U.S. Patent and Trademark Office would be appropriate for protection of the product name in the States assuming that the mark or name is being used in interstate commerce here. This filing can be on the basis of actual use or alternatively on the basis of an intent to use the trademark in the future. Classifications for goods and services provide help to define a trademark search and to inform the agency on the category of goods that will be identified by the mark applied for.

You can respond with the product name, the goods being sold, the date of first use of the mark or name, the date of first use in interstate commerce, for purposes of a priority search.

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Answered on 1/08/00, 6:43 am


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