QUESTION

After getting your Trademark approved, what logo exactly is covered?

Asked on Sep 16th, 2013 on Intellectual Property - California
More details to this question:
After you submit your specimen and get your trademark approved, does this cover your logo if it is a little altered? For example: I have a logo with our company name written the to the right side of the logo, and then I have the same exact logo with the same company name but written below the logo. I submitted one (the text written below) for the specimen, because that is what's on our tag. However, when we use our logo in advertising, etc. we use the one with the text to the right of the logo. Does my trademark cover both versions, since it is the same text, font, etc? Can I use the trademark symbol to cover both logos?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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It is not clear to me what trademark you registered. Specifically, it is possible for you to register just your company name (a word mark without the logo) and get the registration approved by submitting a specimen as you have described it. When you received your registration certificate, it contained an image of your trademark and that image defines your registration. For purposes of my answer, I am assuming your registration matches your specimen. You should only use the circle R symbol on representation of your trademark that include everything contained in the registration as it appears in the registration. The Trademark Office treats little alterations as different trademarks. When renewing trademarks, I have had the Trademark Office reject specimens that have words in quotes, an added hyphen, an added space, and different shading within letters as well as relocated objects (e.g., logo relative to the words). If it doesn't match, just use a superscript TM. The superscript TM gives notice that you consider the mark to be your property, but does not identify the mark as registered. The circle R gives notice that you consider the mark to be your property and it is registered. If someone else were to use the variation on your registration as you described it, they would likely be found infringing, but that doesn't mean that you can declare it is registered if it doesn't match the registration. Good luck, Todd
Answered on Sep 17th, 2013 at 9:21 AM

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