question Anyone know anything about Trademarks? Please Help!

[WhoaDomain.com]

Last Year I had ordered a trademark. I thought about it to secure my domain. Now the trademark people are being slick and basically trying to make money off me saying I need to do a 6 month extension if I haven't as of yet started on the basis of what my Goods and services are for my trademark. Pretty slick operation this trademark service is. Didn't really give me a heads up to "hurry up" and do your trademarked business.

It's in their best interest to not tell you so you will end up paying the same initial fee just to keep the trademark or else be forced to abandon it. what a gimmick! never any mention that they need proof of actual "use" of the trademark.

This company basically wants you to hang yourself your own rope.

That being said. They said to show proof of using my trademark of "Interstate Commerce"

Any ideas how to do this quickly and cheaply or even FREE? I was thinking just setting up an Amazon business or Paypal shop or whatever just to comply with the Trademark use.


This whole thing is really blind siding me and pissing me off. It's a good hustle. I've been preoccupied with domaining that I didn't realize I had to ACTUALLY have to show PROOF of use.


any free interstate commerce website that already has products that well isn't mine. maybe an Amazon RSS feed site?

Please help? Thanks!

 

[WhoaDomain.com]

Could say setting up an Efty Domain Showcase for my domaining business be considered an interstate Commerce website? or no? Just panicking here because I don't want to pay the damn extra money to have an extension. I've been considering getting Efty anyways. this way it serves a double purpose.

 

[East Street]

Wow, where to begin.

As a business owner with a handful of past trademarks I have some experience with the process.

In order of your comments:

>>Now the trademark people are being slick and basically trying to make money off me saying I need to do a 6 month extension if I haven't as of yet started on the basis of what my Goods and services are for my trademark.

That is standard for all trademark applications that exceed the initial allowed time period for use in commerce. You can renew several times if necessary. You will pay a fee each time. Nobody is being 'slick'.

>>It's in their best interest to not tell you so you will end up paying the same initial fee just to keep the trademark or else be forced to abandon it. what a gimmick! never any mention that they need proof of actual "use" of the trademark.

You pay for all delays since it's your application. If you filed as not-in-use application and have not met the qualification for in-use within the allotted time period, the only way to protect your application is to pay the fee to extend. If you do not pay then your application will be cancelled. Them's is the rules. The rules are publicly available.

>> They said to show proof of using my trademark of Interstate Commerce.

A fundamental tenet of the TM process. You must be using your mark in interstate commerce in the goods/services class in which you applied. If not in use in interstate commerce within the time period allowed, your TM application will be cancelled. Use it or lose it.

It does not matter where or how you sell your product so pick any method that works best for you. You must be able to document a legitimate use of your mark in the correct class/service in which you applied.

>>This whole thing is really blind siding me and pissing me off. It's a good hustle. I've been preoccupied with domaining that I didn't realize I had to ACTUALLY have to show PROOF of use.

Why is it blindsiding you? Why would you not be required to show actual proof? The TM process is extremely formatted with plenty of how-to info from the USPTO website. It may seem like a hustle when you don't conform to the process and then have to pay for your own delays. Again, the TM process is entirely dependent on your input. Any missed step in the process will not be to your benefit. Your delay is your fault. The value of a TM, once issued can be tremendous so you need to comply with the process.

>>I've been preoccupied withdomaining....

You need to focus on what is most important and then move on to what comes next. If domaining is important then let the application go. If the TM is important, then do what you need to do to finalize it. Don't get mad, get with the program.

In summary, you are entirely responsible for the success or failure of your TM application. Not knowing the details of the process is not an excuse. You have entered a complicated world where any missed step in the process can entirely derail your progress. That's what lawyers and such are for. IP consultants and legal help are are very expensive, but it's a very complex field as you may be starting to appreciate.

All pertinent TM information is at the USPTO. It's dull reading but very useful in making the process work the way it's supposed to work.

In the end if you want your application to be accepted, you must follow the rules. If not the USPTO will happily cancel your registration.

Hope this helps.

 

[WhoaDomain.com]

First off THANK YOU. Very very much I mean that. Next. I think you missunderstood me or more likely I just quickly wrote this thread out of panic. so let me clarify. I have no problem with the USPTO.GOV. The rules are the rules. I'm not complaining about that. The Hustlers I'm talking about is my SUPPOSED Trademark Lawyer not properly informing or maybe he DID? I really don't remember at this point. Not to say that these people should baby me or hold my hand throughout this entire process. But this recent email SURE SHOWS they WANT to baby me in the sense they want to "help" me get an extension on my trademark Why? because they can make MONEY off it plain and simple. I'm not sure right now as to where I'm AT with this process or most importantly if it's too late to set up a plausible "proof of use" for my trademark.

I mean they made a point to LET ME KNOW NOW of course and the main point of the EMAIL "heads up" is well they are PUSHING the whole DO YOU WANT AN EXTENSION?

I mean why couldn't they have emailed me sooner to say "Hey! Listen up dude! You need to get WITH IT and create some kind of website to FIT your Trademark"

The HUSTLE I've mentioned is exactly this above. They wait and wait to let you hang yourself with your own rope so they can come and "save the day" when you have no other choice except two. PAY for EXTENSION or Drop the Trademark and then maybe down the road Pay again to start the whole process again. Actually no. I think if you drop a trademark you can't apply for it again? not sure though.

so let me pick your brain if you don't mind.

Do you believe that a one of those EFTY.com do it yourself domain marketplace product or service would COVER the proof of use as an Interstate Commerce? FYI my lawyer told me it's not enough. what do you think?


I WAS going to set up a social network via a "start your own social network for free" type service like Ning.com but even then my lawyer told me that as per the classes I've chosen I needed to have a downloadable APP too? This just got worse.

so now I'm really forced to just jump in All Chips IN and buy a social network script create a social network with a downloadable APP with an Interstate Commerce Feature in it.

total?

$80 for hosting the year. (starter package plan. Just to create a "placeholder website" for proof of concept)
$699 for the advanced version of the social engine script.
and then buy the iOS and Android APP from one of SocialEngine.com's trusted developers for $599.

so all in all I'll be spending about $1380. Just to show proof of USE.

the amount I'd have to pay for extension? about $380 per Classes times 3 plus $180 to set it up each one so $180 times 3.

I really don't want to have to pay these hustlers another dime just for an extension.

If I had too couldn't I just Go to the USPTO and call them and Do the Extension myself and save myself that $180 times 3?

I'm better off just finally getting my social network which is what this trademark was for originally instead of paying these guys.

But the problem is I don't even know if it's too LATE. These people make it seem like it is. I'm going to have to call the USPTO right now and find out the REAL DEAL. This lawyer since asking him what my deadline is has gone SILENT I think because he doesn't want me to beat the deadline therefore forcing me to have to get an extension.

Do you see the hustle now? does anyone else see this slick hustle?

Again I repeat. No issues with the USPTO but my issues are with this Trademark company lawyer.

they all start off nice and sweet and helpful in the beginning until they got your money. after which? they just sit and wait till you screw up on your own so they can swoop on in asking if

 

[WhoaDomain.com]

"Do you need an Extension." Sure! they will be more than happy to help you Then! at a premium!! slick? i think so. almost predatory if you ask me.

 

[bigbagofbricks]

I'm pretty new to this but how could it be a common hustle? Surely most people who register a trademark use it. Did your lawyer know you weren't doing anything about it?

 

[deez007]

If it looks like a hustle, smells like a hustle, sounds like a hustle, talks like a hustle and walks like a hustle....it's probably a damn hustle...

 

[ZapNano]

I never trademark anything yet. But I did contacted the trademark people and asked them some valuable info. It is free consultation. So your first approach and wise move is to ask question first. Just an opinion.

 

[East Street]

It's not a hustle, its business. Your lawyer is in the business of selling his/her services to clients such as yourself. If he/she can charge a premium for that service he/she will. So would you I hope.

They are pushing the extension because without one your application will be cancelled. An extension of the application process is certainly doable by yourself. All forms are online. Last time I filed one it was $100 and gives you 6 more months. Repeat as needed up to a limit (5??) Once filed, the extensions are almost automatic unless something in the docs is missing.

What date was your TM filed? If you don't know, then when was your appt. with the lawyer? How much time has elapsed since then? If you're not using the mark yet, then get an extension or abandon the application until you are ready.

About the Efty etc, I don't really know what you're selling but in very simple terms this must happen:

**** Someone must purchase from you the good/services you are attempting to TM in, interstate commerce, in a transaction involving the exchange of money for your good(s) or service(s). Does not matter how its done, but it must be done.

Welcome to the high rent world of TM's.

True story time: My TM attorney charged me $600.00 to read a letter I wrote to the USPTO on a declined TM application. That's a good wage. He did mail it for me at no charge though.

 

[Kate]

The bottom line is that TM rights are gained through usage. You can even claim TM rights without a registered TM. Registered just makes it more official and easier to enforce. You have to use it nonetheless.

 

[WhoaDomain.com]

If it looks like a hustle, smells like a hustle, sounds like a hustle, talks like a hustle and walks like a hustle....it's probably a damn hustle...

lol

 

[WhoaDomain.com]

aahh damn! I guess I'm going to have to pony up the loot to have my social network up and running instead of giving it to these schmucks.

Thanks everyone. will work on it tonite.

I guess I'm officially a social network owner. yay!! (not really) lol I just hope I'm not too late.

 

[WhoaDomain.com]

I'm pretty new to this but how could it be a common hustle? Surely most people who register a trademark use it. Did your lawyer know you weren't doing anything about it?

he didn't ask me JACK. just the company he works for sending me robotic emails. standard stuff telling me the status of my thing. then next WAM "oh yea if you are ready to proceed with the FINAL part of your TM app. then click here if not then click here and pay us $1500 to get a 6 month extension" like the hell?? seriously?

no heads up? like yea thanks for the status updates blah blah blah why not tell me "Yo! you better get on your ass and starting creating a proof of use that you are using your TM because the USPTO is going to need it or else your TM will be abandoned and or you have to pay for an extension with a cost of another $1500."

Nothing along those lines were ever mentioned.

Really good blindside hustle.

 

[WhoaDomain.com]

It's not a hustle, its business. Your lawyer is in the business of selling his/her services to clients such as yourself. If he/she can charge a premium for that service he/she will. So would you I hope.

They are pushing the extension because without one your application will be cancelled. An extension of the application process is certainly doable by yourself. All forms are online. Last time I filed one it was $100 and gives you 6 more months. Repeat as needed up to a limit (5??) Once filed, the extensions are almost automatic unless something in the docs is missing.

What date was your TM filed? If you don't know, then when was your appt. with the lawyer? How much time has elapsed since then? If you're not using the mark yet, then get an extension or abandon the application until you are ready.

About the Efty etc, I don't really know what you're selling but in very simple terms this must happen:

**** Someone must purchase from you the good/services you are attempting to TM in, interstate commerce, in a transaction involving the exchange of money for your good(s) or service(s). Does not matter how its done, but it must be done.

Welcome to the high rent world of TM's.

True story time: My TM attorney charged me $600.00 to read a letter I wrote to the USPTO on a declined TM application. That's a good wage. He did mail it for me at no charge though.

So hold on are you saying I can do this extension stuff on my own for just $100? please clarify this part because I'm very interested.

as I've mentioned this lawyer is saying to get extension I'll needt o pay $380 times 3 for each class I registered plus $180 for each one for them to process.

So what exactly do you mean will cost $100 if I do it myself?? the whole thing?

or are you talking about the $180 they were going to charge me for each class they would file?

 

[WhoaDomain.com]

Thank you Jesus that I just got my Capital One Sparks Business card with the zero interest for 18 months! I'll charge it.lol Thank you everyone!

 

[WhoaDomain.com]

UPDATE! Good news! My TM lawyer finally got back to me and told me we have until September 14,2016! yeah!

Nice! This is plenty of time to get my social network going or at least come up with something. Thank God for small favors!

In the meantime. to comply with the USPTO any ideas how I can satisfy the USPTO's need for proof of use for

Interstate Commerce
Downloadable APP?
and Social Network?

any free social network services out there that also has a marketplace like an Amazon in it? and gives you a downloadable APP for your free social network?

I doubt there is any. But who knows? maybe someone here on NP has some info?

Really would rather avoid paying for a full blown Social network that I'm not really ready to start yet.