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California Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

1 Answer | Asked in Trademark for California on
Q: Can I trademark a phrase that has similar words with another filed trademark? The only difference is two new letters.

My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Probably, it may be risky. You need a consult to review your options and risks.

2 Answers | Asked in Trademark for California on
Q: How do I go about changing the address on our trademark information?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

You need to consult with an attorney so we can file a petition to update address

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2 Answers | Asked in Trademark for California on
Q: I want to name my new company "Quest vans" however I see that there is a trademark for "Van Quest" is that legal?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 20, 2021

very likely not. It will depend on the specific use.

You need to consult with an attorney.

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2 Answers | Asked in Trademark for California on
Q: I am starting a business called “Feng Shui Box” but it looks like “Feng Shui in a box” is trademarked. Is that ok?

My business is a subscription based box that I plan to sell on sites like cratejoy. Every month will be different feng shui tips/tricks and products.

Evelyn Suero
Evelyn Suero answered on Aug 16, 2021

Using a trademark already registered and in use by another business for the same class of goods or services could be deemed trademark infringement. Consult with an attorney to determine your options.

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1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... Read more »

Omar Darwich
Omar Darwich answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

2 Answers | Asked in Trademark for California on
Q: How to I reactivate/ bring my trademark back to life?

I am the original owner of heart headed and I want to finish filing my trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

Depends

If it was abandoned you have to file again

If it is still in process you need to respond and complete the requirements

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4 Answers | Asked in Trademark for California on
Q: How do you trademark a name for a start up company
Nicole Schaefer
Nicole Schaefer answered on Aug 1, 2021

Hi! The best way to do this would be to meet with an attorney. You'll have to show use of the mark in commerce, which can be difficult with a startup.

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1 Answer | Asked in Copyright and Trademark for California on
Q: Who owns the 'Dementialand' trademark?
Omar Darwich
Omar Darwich answered on Jul 31, 2021

You can usually check these things at the USPTO's website.

Look for the TESS link

1 Answer | Asked in Trademark for California on
Q: Can we use the inside story for a yearbook cover idea without getting sued or trademarked.
Omar Darwich
Omar Darwich answered on Jul 31, 2021

Not quite sure I understand what you're asking?

is there a published story known as "the inside story"

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

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1 Answer | Asked in Trademark for California on
Q: Trying to understand Trademarks. If someone has a trademark in a certain category, does that mean I can use it in others

Hello! I'm interested in utilizing the word "funfetti" in a business name unrelated to a cake or the product funfetti. It appears as though the name is Trademarked and I was wondering if it's something I can utilize in an unrelated capacity.

Thank you!

Omar Darwich
Omar Darwich answered on Jun 7, 2021

An easy example is to look at the term "pandora". We have pandora music but we also have pandora jewelry.

Without going more in depth thats a good way to think of this matter.

You can always consult with a trademark attorney. Many like myself offer free consultations.

2 Answers | Asked in Trademark for California on
Q: I would like to pick up this Abandon trademark , BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

I was told that I could petition for the Abandoned trademark of BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

So I need a lawyer to help me to obtain the abandon trademark.

Evelyn Suero
Evelyn Suero answered on Jun 1, 2021

A trademark application is typically deemed abandoned for failure to submit a required response to the USPTO. However it is still important to determine whether the mark is still in use by the applicant or by any other business. A trademark attorney can assist you with this process.

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1 Answer | Asked in Trademark for California on
Q: Can i use the phrase " skinsafe" or "SKINSAFE" or " Skin safe" ?

How do i know that if or can we use these trademarks and How to avoid the use of infringing trademarks?

Your answer will be a great help.

Thanks !

Noora

Marcos Garciaacosta
Marcos Garciaacosta answered on May 18, 2021

Your best approach is to make a consultation appointment with an attorney who can make an assesment of your risks.

1 Answer | Asked in Trademark for California on
Q: trademarks using and relevant legal knowledge

I am writing to inquire about trademarks using and relevant legal knowledge,For example,This phrase "WATERPROOF™" was registered by another company, Can i use "water proof" and put it into my description?What will happen if i put it into my description?Your answer will be a great help.Thanks !

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

You can not use generic terms that refer directly to the classification for the trademark.

Waterproof is acceptable as long as you do not use it for waterproof products.

Like Apple is acceptable for computers and phones.

Consult with an attorney

1 Answer | Asked in Trademark for California on
Q: Bionda Bruna,serial# 76092272 , Registered# 2533807 is close as I was informed that I can own the trademark

I would like to claim the abandon trademark of Bionda Bruna . I was informed that I could and it wasn’t a Dead Trademark . So I need to get started on it and I’m looking on how to do it , what do I need to get started and I need legal assistance.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 15, 2021

You need to consult with an attorney and pay him to do an analysis and do the filing as appropriate

Most attorneys here provide some free phone limited consultations

Best luck

Marcos

2 Answers | Asked in Trademark for California on
Q: Looks like there are lots of PURSUIT trademarks. Can I add one more?

Pursuit is a mens fitness program. Can I get a trademark for it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2021

You should consult with an attorney who will then do a search and give you a risk analysis.

Most likely you will need to choose something else.

Best luck.

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1 Answer | Asked in Civil Rights and Trademark for California on
Q: Hello, i want to know if a roofing buisness in california , is it possible to advertise service with a star wars vibe?

with star wars i mean , My company name will be ROOF WARS , and it will look like a star wars theme company , that focuses in roofs.

Thanks

Louis George Fazzi
Louis George Fazzi answered on Apr 5, 2021

Before you do that I suggest you contact the Disney company and get their approval before you start using images or characters based on Star Wars as the theme of your new business. You may run afoul of their copyrights or trademarks if you use direct copies of their Star Wars themes or characters.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
Read more »

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