I have a trade name that I plan on using with several classes of products, both online and offline. I only have the financial resources to file a federal Trademark application for one of those classes. To gain common law protection in the other classes I plan on joining affiliate programs for a variety of products that cover the range of classes. The affiliate programs pay sales commissions for customers referred through my web site. My main question is - Is this an effective strategy to create common law protection in the unregistered classes?
I also have a related date of first use question. For the TM application, which is the first event to qualify as a first use?
1. Register the domain
2. Put up a web page describing the products that the site will sell.
3. Register with affiliate programs.
4. Put affiliate program linking code on the web site.
5. Engage in marketing activities such as registering with a search engine.
6. Get the first click-through to an affiliate.
7. Earn the first sales commission.
Thanks for all advice.
Al
I also have a related date of first use question. For the TM application, which is the first event to qualify as a first use?
1. Register the domain
2. Put up a web page describing the products that the site will sell.
3. Register with affiliate programs.
4. Put affiliate program linking code on the web site.
5. Engage in marketing activities such as registering with a search engine.
6. Get the first click-through to an affiliate.
7. Earn the first sales commission.
Thanks for all advice.
Al
