Hello! what i know is that a TM can be booked only once .. so if someone register the name for example, then nobody can register it. i searched uspto and found several records for this TM for different ppl! and here u r : LOT records so how does that happen ? and can i register for the name SOT globally ? TIA! p.s SOT is just an example to help me understand the situation
Each trademark is registered under a different category - with exclusivity to use that name in that category. In your SOT example one company registered SOT as a chemical additive/cleaning product, another as an OIL WELL DRILLING, and another for educational materials. That is how you can have Apple Computers, Apple Records, Apple Auto Glass and Apple Insurance.
Thanks a lot tobycoke! if i want to register a foundation under that name how can i check that its free under ngo/npo foundation category ?
If you are registering the name online, it will ask you to select the category you want to register the name under as you go through the process. Keep in mind it will take several monthes to get a response from the USPTO.
iam not going to register it online .. but i want to check the status of the TM iam going to register.. so how can i do that ? ( The TM i want to register consists of 3 letters under Foundation ngo npo category)
This is directly from the USPTO: AFTER SEARCHING THE USPTO DATABASE, EVEN IF YOU THINK THE RESULTS ARE "O.K.," DO NOT ASSUME THAT YOUR MARK CAN BE REGISTERED AT THE USPTO. AFTER YOU FILE AN APPLICATION, THE USPTO MUST DO ITS OWN SEARCH AND OTHER REVIEW, AND MIGHT REFUSE TO REGISTER YOUR MARK. If it's that complex, I recommend you seek the advise of a IP attorney. Might cost a little up front but save you in the long run.