Question of registering an online magazine TM

[domain_investor]

I am going to start a regional online (no print version) magazine in the near future. The name is not in use, it's a good one, and I need to trademark it. I've regist3ered TM's before, but in this case I'm unsure of a couple things.

1. Would it be enough to get a state-based TM on this since it is solely on a regional subject matter? Or does the fact that it is a website, make it federal?

2. I have never filed an "intent to use" mark, but in this case I'm thinking of doing it because I want to protect the name. But, would it be better to throw up a skeleton site with a magazine article or two (assume I cannot just instead say "coming soon" even with a nice magazine template.

3. I'm confused on the proper classification. When I search the classifications for "magazine" I come up with 009, 016 and 041. Is someone here fluent enough to suggest the proper class for me? Remember, it is a regional online-only magazine that focuses on regional subject matter only.

Thank you very much!

 

[marcorandazza]

1. Would it be enough for what?
2. That would not be enough for bona-fide use under section 1(a). You need real use.
3. Not enough information.

 

[domain_investor]

1. Would it be enough for what?

To protect myself from anyone else using the mark for a similar business.

2. That would not be enough for bona-fide use under section 1(a). You need real use.

Okay, thanks. So it would have to be "intent to use" and then start it within 6 months, or start a real, live site (even is a weak site, I suppose, with few articles).

3. Not enough information.

Not sure what else to say on this. But I'll describe a hypothetical example: An online magazine called "Austin Magazine" (the mark) that exists only on its web site, AustinMagazine.com. There is no physical print publication. The magazine is a lifestyle magazine about Austin, TX. The business address of the magazine is in Austin, TX.

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Hmmm, my formatting (quoting) in my post is wrong, but there is no edit button to fix it for some reason. I hope you can decipher it.

 

[marcorandazza]

I get it...

Ok... then if you want to protect yourself from anyone else using the mark for a similar business, then the state TM might be enough. However, once you get a few hits, you know very well that you'll be descended upon by typosquatters. I'd get a federal TM if it were my business.

The rest of your questions probably constitute "legal advice" if I gave you a specific answer. However, to get a 1(a) you need actual trademark use. As far as the class goes, I have filed applications under class 41 in circumstances similar to what you describe here, but I can't specifically comment on what you should do in this circumstance.

 

[domain_investor]

Thank you very much. I understand this is not legal advice.

I now understand why you were referring to 1(a); there is a 1(b) under which I can file an Intent to Use, and not have to start for 6 months.

As for the typos, I'm not worried about that as it's not big enough a site to atract any attraction outside of the regional area.