Applying for a trademark

but I'm not the only one using it.......

[RossWal]

We've been trading locally as fancywidgets for 15 years as a dba with a local business license, etc. 15 years ago we were most likely not the only company in the US trading as fancywidgets. Dunn & Bradstreet lists about 100 companies now trading as fancywidgets. Some are undoubtedly in a similar, if not the same space as us, others are in very diferent spaces.

I recently acquired fancywidgets.com in a somewhat competitive pool auction. Now I'd like to trademark fancywidgets. My question is what rights do I have to it. It is not currenty trademarked, in fact an application was applied for and approved a few years ago, but the application didn't respond so the application is 'dead'.

Also, should I apply at the state level (CA) as well as the national level?

Thanks for any info!

Ross

[mgream]

You need to file the application with the USPTO, it's entirely a federal issue, but you might be able to limit your registered TM coverage to a certain geographical area, but by the sounds of it, there are many competitors and your name doesn't sound as though it is distinctive enough and there is too much prior use in the same category of goods and services.

It's possible that the previous application was granted and placed onto the register, but then opposed or found to be invalid in some way, for possible lack of distinctiveness or other reason, not just lack of use or failure to pay renewal fees.

You'll find FAQ's at the USPTO web site; beyond that you should speak to an attorney who will consider whether you're likely to succeed, and then prosecute the application if you do want to proceed. You could just wing it yourself, but this may be throwing away time and effort unless you fully understand all the issues relating to registration of trademarks.

[RossWal]

Any downside to the wing-it approach? Apply and see what happpens?

Thanks,
Ross

[mgream]

The down side seems to be (a) greater chance you'll not succeed with the application because you lack intimate understanding of trademark attorney [they don't go to law school for nothing!], (b) as a result of that, lost time and money. It doesn't seem as though you could really do yourself much harm (such as put yourself in a position where you're sued by another party, for instance) if you act in good faith according to all the material (application forms, guidance, etc) that's available. Of course, what I say is just general information and not specific advice to be relied upon, and anything you do is always at your own risk.

I'd be more interested to know what you think registrating your trademark is going to do for you, and whether it's really worth the time and effort.