Can I legally use the tm symbol ™ before I apply for a trademark registration? Yes, but NOT the registered trademark symbol ®.
Budget travel information to the United States Patent & Trademark Office (USPTO)
By convention, you can use the ™ symbol, or a superscripted TM. The (r) and ® (pronounced 'circle r') can only be used after registration is complete.
Three choices: 1) ® 2) Registered in the U.S. Patent and Trademark Office or 3) Reg. U.S. Pat. & Tm. Off.
Pro Se is a legal term. It means to appear before a court by yourself, without the help of an attorney.
Pro Bono is a legal term. It means a lawyer provides legal services to the public at no cost or at a greatly reduced cost; generally to help the poor.
Prima Facie is a legal term: who presents evidence when. After a prima facie showing of evidence, the burden shifts to the other party to show their evidence.
This is really a question about whether consumers will be likely to confuse these two marks. There are many factors to consider.
The most conservative advice related to trademark marking usually consists of having an appropriate mark each and every time that the trademark is used.
Since you see potential value in continuing to sell the product, then the advice of a lawyer is now a cost of doing business.
No. You can use the tm symbol, like this ™. Using the ® for state trademark may be considered fraud or false advertising.
Probably not. The registered mark is usually described and displayed quite specifically. A portion (just the words) is not the mark.
In patent law, the understanding of technical detail will always need to be considered to give good advice.
Here, it is not clear if you are concerned about customer confusion or you simply desire the gmail name for your own purpose.
Yes. Trademarks can be used for for services (like grant writing for others). For example, this entry is in the Trademark identification manual...
A Trademark Office Action is a legal proceeding where the Trademark Examiner rejects your trademark application. Learn how to overcome the rejection.
Probably not. Assuming the refusal is final and proper, you may have actual notice of trademark infringement. This may be willful infringment.
The trademark first use date is usually the day that the product is sold in interstate commerce. If you are wrong your trademark may later be invalidated.