QUESTION

Separately trademark distinct parts of a trademark to be used in commerce together?

Asked on Dec 16th, 2014 on Intellectual Property - New York
More details to this question:
I want to protect various parts of a trademark which parts will be typically used together in commerce, though perhaps not always. If I file trademark apps for each part, will I get protection for a part even if it is always used together with some other trademarked part? e.g. consider a distinctive word, a first distinctive design and a second distinctive design. Let's say that all of these are always used together in commerce. But I want to protect against somebody else just taking one of the three elements and using in an alternate design, or slightly modified, etc. Will I get better protection from applications for each part separately? (I assume I should also file for protection of the composite, but I doubt anybody would copy the composite, more likely copy, or slightly modify, one of the parts). Note that each part is distinctive, not a common word or shape. Thanks in advance for any light you can shed.
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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Trademark protection is granted to something that serves as an indicator of the origin of a product or service. While your posting is at best opaque - if you use what you're calling a component as a standalone mark, it would become its own indicator, and thus presumably be eligible for registration as a mark.
Answered on Dec 29th, 2014 at 8:55 PM

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