Trademark" Bitchwear made with an attitude". Serial #74545460
Status:602-abandoned in 1994.
How do I aquire this trademark for myself. Is that even a thing? Because it was abandoned before the process was completed, is the trademark therefore null and void, and I can... Read more »
answered on Feb 16, 2022
The application to register the mark as an apparel brand was abandoned in 1995 for failure to respond to the trademark examiner's request for info or changes. That does NOT necessarily mean that the applicant's USE of the mark ceased, merely that the mark did not get registered.... Read more »
For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.
I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... Read more »
answered on Dec 15, 2021
In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... Read more »
If I did start the brand it would have my own original ideas and style. The only thing that would match would be the name BRAINDEAD, nothing else. Do you think I would still be applicable for a lawsuit?
answered on Dec 7, 2021
Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... Read more »
answered on Dec 28, 2020
Depends on how similar it is.
You should consult with an attorney.
How can I go after them to reverse the Trademark?
answered on Sep 6, 2020
First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.
If you've been commercially using your mark since 2008 without a federal trademark registration, you have what... Read more »
answered on Aug 30, 2020
The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a... Read more »
answered on Aug 27, 2020
Maybe. If the other product is patented, it might act as a "blocking" patent against your product. This can occur if a claim of the patented product "reads on" your end-product (e.g., if your product has each and every element, or substantial equivalent, of one of the related... Read more »
I wrote a business plan in November 2017 for a ready-to-drink nootropic coffee beverage. I planned on using the name Cognitive Coffee and have emails documenting this. I now want to start the company but on April 15, 2019 Terrasoul Superfoods trademarked Cognitive Coffee for a powdered coffee with... Read more »
answered on Jul 22, 2020
Creating a business plan won't constitute the "use" required by the statute for a trademark registration. The USPTO will likely issue a refusal because the goods are similar and the likelihood of confusion would exist. Please feel free to call or email me if I can assist you further.
Just starting the company (health and eventually expanding to nursing services).
answered on Jun 22, 2020
You can try contacting the registered owner and negotiating a purchase or license of the trademark.
I own two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
When using basic word mark search... Read more »
answered on May 1, 2020
When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... Read more »
answered on Apr 8, 2020
Class 35 generally concerns advertising and business management. Not sure what aspect of a car club would fit within that category/description to find an appropriate specimen. You might want to speak with local trademark counsel to identify what would be the correct class and whether class 35 is... Read more »
If I am actively developing a video game for downloadable platforms, do I have to wait until I am actually selling my game to register my mark or is announcing the project/maintaining a web presence/updating a devblog enough to constitute "use"?
answered on Feb 17, 2020
No, it must be able to actually be purchased by end-users via Google Play, iTunes, or Android store, or other platform, in order to be "in use in interstate commerce."
It is possible to file an "intent to use" prior to this point, while you are in development. Please... Read more »
I want to hire someone for legal advice but don't know what type attorney I need.
I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.
I filed for divorce and it went through uncontested, but the... Read more »
answered on Aug 20, 2019
you need a business attorney and possibly a family lawyer as well.
Serial Number87052190
Registration Number5127750
Word MarkFLEEKNSLEEK
Fleeknsleek.com
answered on May 17, 2019
You need to have a consultation with an attorney to discuss your options. There are many.
I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... Read more »
answered on Sep 23, 2018
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with... Read more »
I was commissioned as a notary for Arizona in approximately 1999 to 2005 for an escrow position with a title company. That is what I would be obtaining the new commission for as well
answered on Sep 14, 2018
No. Not unless restored to civil rights. See, A.R.S. 41-312 E 4
https://www.azleg.gov/ars/41/00312.htm
(I am not an Arizona Attorney, so there may be more to this. For a more complete answer, see a qualified Arizona attorney).
It's a burlesque performer name.
answered on Apr 4, 2018
A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of... Read more »
How can I know if they truly have a trademark/copyright? Can one single person own the concept of animal/plant heads on human bodies?
answered on Apr 4, 2018
Understand that, in order to have viable trademark rights, either at the state or federal level, the user of a particular mark does not actually have to register their mark. This, then, makes it somewhat difficult for you to know the scope of any rights they may or may not have. If they actually... Read more »
Do I need any special permits or anything to use items around my business?
answered on Jan 30, 2018
Before you start your business you should speak with an intellectual property attorney. You may need licenses from Disney, Marvel and others to use their memorabilia, trade names, trade marks, etc. If you do not do this properly, you run the risk of being sued. A lawsuit could ruin a new... Read more »
I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »
answered on Aug 4, 2017
To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
