Just a few weeks ago, I shared my journey to finally applying for my trademark. It’s only right that I update you all each step of the way! Hoping my experience will help someone eventually.
After submitting my application, I was to wait for an “Opinion Letter”. Remember, it’s the research results of my trademark idea after I submitted the application to the Trademark My Stuff team at the McGhee law firm. It arrived two days earlier than expected and for lack of better words, the results blew me. They weren't devastating, but they weren't favorable either. Their research concluded that my original trademark idea and my desire to utilize it in the beauty industry, has a considerably massive possibility of being denied. *sigh*
That wasn't what I wanted to hear. I figured that since I had done my due diligence by looking up my trademark idea on the USPTO.gov website and nothing came up, I was good. I was wrong. Thankfully, Kyona and her team dug much deeper than I did and discovered some additional information that helped explain these results. Apparently, my trademark idea was too similar to another trademark that is already registered with the USPTO database AND it's within the beauty industry.
Talk about a buzzkill. I was so attached to that trademark! It just made sense and worked so well with my brand. That trademark and my brand went together like peanut butter and jelly, an ebb and flow, a needle and thread. I had so many ideas about how I'd expand on it in the future. I had T-shirt ideas, an idea for a series, marketing campaigns and hashtags galore!!! I. Had. A. Plan.
Trademark My Stuff said that I could (1) add more dominant wording to the trademark to make my application stronger or (2) they could file my trademark request as is and risk fighting the other trademark in court. Which means that if my trademark request was approved by USPTO, the other trademark's owner could take me to court because both trademarks are too similar in name and may cause confusion within the industry. This made complete sense to me. So, I decided to forgo the initial trademark idea and go with another trademark I had in mind.
So what’s next? For now, I'm scheduled for a call with the Trademark My Stuff team to further discuss my options. I'll keep you all posted.
Have you ever filed for a trademark? Did you encounter roadblocks along the way? How did you navigate that? Drop your trademark experiences below!
Thank you for reading. Until next time.
Live. Think. Blog.
Written by: Linda Jay
Edited by: Tammy M.