Assignment:
In this project, you will prepare a presentation that explores the role of a trademark in your entertainment industry career plans. You will move through the steps required when applying for a trademark with the USPTO. There is a process to choosing a trademark, logo, or slogan for your business. You must research if another business is already using your proposed trademark, or if one is so similar that it will cause consumer confusion. If consumer confusion is an issue, the U.S. Patent Trademark Office (USPTO) will reject your proposed trademark.
PowerPoint presentation that includes the following:
1. Choose a business you currently have or one that you hope to open in the future.
a) Explain what services or products this business will offer its customers;
b) List the name of the business to trademark = your proposed trademark;
c) If you wish, you may also include a design logo.
2. Explain whether your proposed trademark is Generic, Descriptive, Suggestive, Arbitrary, or Fanciful. (Remember the USPTO will reject a generic trademark.)
3. Determine the classification code of your proposed trademark. If your business is in the entertainment industry, your classification code will be 041. If not, click on this LINK to locate your business classification code. Insert your classification code(s) in your slideshow.
4. Conduct a USPTO search to determine whether another business has registered your proposed trademark. Follow the instructions below to search your company name on the USPTO website. Capture screenshots of each step and include them in your slideshow.
Click on this link USPTO Trademark Search
b. Enter your company name in the search bar at the top of the screen.
c. Click "BASIC" on the right-hand side of the search bar.
d. Click "SEARCH"
If search results come up carefully check each result for the following:
Is the result exactly the same as your company name?
Is there a red tab that says "DEAD?" If so, this registration is no longer active and you can disregard this result.
Is there a green tab that says "LIVE?" If so, then check below to see if the "Class" is the same as the class of your company.
If the name and the class are the same, your business name is likely not available for trademark registration.
Conduct a Google search to determine if another business is already using your proposed trademark.
Capture screenshots and insert them into your slideshow.
Explain whether or not any similar business names will cause consumer confusion and affect your trademark application.
6. Conduct a search on Facebook to determine if another business is already using your proposed trademark. Many businesses will establish a business Facebook page before spending money on a website.
Capture screenshots and insert them into your slideshow.
Explain whether or not any similar business names will cause consumer confusion and affect your trademark application.
7. Search your Secretary of State where your business will be located. Many businesses will register their trademark with their state first because it is less expensive and has fewer requirements than the USPTO.
Click on this LINK to locate your Secretary of State's website. [Note that California's Sec. of State's webpage does not provide an easy method to search its state-registered trademarks. Consider using a different state such as Florida for the purpose of this project.]
Capture screenshots of your research and insert them into your slideshow. Explain whether your proposed trademark is available.
8. Explain whether you should proceed with filing your proposed trademark with the USPTO. If your research resulted in too many conflicting business trademarks already in use, provide 2 other proposed trademark suggestions.
9. Answer the following questions:
What do the symbols "TM", "SM", and ® mean?
If a business does not use "TM" or "SM" or ® with its business name - is it still a legally protected trademark?
What is the benefit of using "TM" or "SM" with a business trademark?
When can a business use the ® after its trademark?
Your logo designer wants to know whether she should put "TM" or ® on your products. Your proposed trademark has not been registered with the USPTO. What do you tell your logo designer?