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Nevada Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Nevada on
Q: I created a label for my candle company, but it looks similar to an already established company’s label. Is this legal?

I use a common font as my candle name font, for my website headers and for my logo. They appear to use the same font for their candle names and website headers. We both use is lowercase in our website headers and candle names. Our candle names are similar in that we use phrases or places to name... View More

James L. Arrasmith
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answered on Feb 5, 2024

The legality of your label's design in relation to another company's label hinges on whether it creates confusion among consumers about the source of the products due to the similarities. Trademark law protects brand names, logos, and other identifiers from being used in a way that could... View More

2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How much does it cost to register a trademark?

website is www.suncabo.com and I'd like to trademark my logo

James L. Arrasmith
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answered on Jan 23, 2024

The cost to register a trademark depends on a few factors, but here is a breakdown:

Filing Fee:

- The basic filing fee for a trademark application is $350 per class of goods/services. Most trademarks register in one class.

Attorney Fees (recommended):

- Having an...
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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How much does it cost to register a trademark?

website is www.suncabo.com and I'd like to trademark my logo

Felicia Altman
Felicia Altman
answered on Jan 23, 2024

A trademark application can cost $250-$350 depending on the type of application you are submitted. When submitting a trademark application there can be additional fees if you file an "intent-to-use" verses "In-use" application. A trademark attorney is recommend to assist you... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Nevada on
Q: Can I use royalty free car photos in my game if I blure out the logos and other trademarks of the brand?
James L. Arrasmith
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answered on Dec 15, 2023

Using royalty-free car photos in your game, even with blurred logos and trademarks, requires careful consideration of copyright and trademark laws. While blurring the logos and trademarks might reduce the risk of direct trademark infringement, it does not automatically clear legal hurdles,... View More

2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How do I protect my business name/trademark if I was involved with a trademark scam?

I recently contracted Trademark Pioneer to file a trademark for my business name. They claimed I need 5 different classes and I stupidly agreed and paid them for the 5 classes. After I paid them and filled out the paperwork I didn't hear back from them for over a week. I did some research on... View More

James L. Arrasmith
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answered on Sep 21, 2023

I recommend taking immediate action to protect your business name. You should hire a reputable trademark attorney to help you file a legitimate trademark application with the USPTO in the correct classes. Be sure to maintain clear documentation of your dispute with Trademark Pioneer as evidence if... View More

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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How do I protect my business name/trademark if I was involved with a trademark scam?

I recently contracted Trademark Pioneer to file a trademark for my business name. They claimed I need 5 different classes and I stupidly agreed and paid them for the 5 classes. After I paid them and filled out the paperwork I didn't hear back from them for over a week. I did some research on... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2023

You definitely should terminate the pending application and re-file with a reputable trademark attorney. Trademark Pioneer is/was a notorious scam, you were an unfortunate victim. But they cannot "steal" your trademark, as ownership depends on usage and you have priority of use if challenged.

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

James L. Arrasmith
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answered on Sep 7, 2023

Filing a patent can be a lengthy process and it generally takes about 1 to 3 years for a patent to be granted, while trademark registrations can typically be finalized within 6 months to a year if there are no oppositions or refusals. Regarding public availability, once a patent application is... View More

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

T. Augustus Claus
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answered on Aug 30, 2023

In Nevada, the time required to file a patent and trademark can vary depending on factors such as the type of patent or trademark and the complexity of the invention or design. Generally, the process for both can take several months to several years, involving steps such as examination, review, and... View More

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2023

An application for federal trademark registration is filed online and immediately assigned a serial number, and it is publicly accessible within a few days at most. It could not be rejected yet, as it takes over 8 months before an application is assigned to an examining attorney. Your attorney is... View More

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1 Answer | Asked in Trademark for Nevada on
Q: can i use the words sofi consortium with\out permission from the SoFi stadium
Erik Špila
Erik Špila
answered on Sep 21, 2022

The purpose of trademark is to distinguish the goods or services of trademark owner from goods or services of other subjects. With this in mind you will need to establish if the using of your words in business does not infringe the rights of other IP owners. I recommend contacting... View More

3 Answers | Asked in Trademark for Nevada on
Q: If a trademark is "dead" on the UPSTO Tess search can you file to use it as your own?
Jason Brooks
Jason Brooks
answered on May 11, 2021

A dead trademark indicates that it is available for registration yes, but you'll still have to go through the registration process which entails completing and filing a registration application and demonstrating actual use in commerce.

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2 Answers | Asked in Trademark for Nevada on
Q: What are my options if a trademark has been established but had an abandonment notice Number 88416440.
Drew Chalfant
Drew Chalfant
answered on Mar 8, 2021

Typically, you would do some additional research to determine if the mark you want is still in use, even though the registration application has been abandoned. In the U.S., trademark rights arise out of use of a mark in commerce and the registration simply puts others on notice that you are using... View More

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1 Answer | Asked in Trademark for Nevada on
Q: Use of other companies' Logos on my website without written permission

I'm building a website where I would like to share referral link/affiliate links/promo codes from accounts that I own with other companies. In order to properly identify those companies, I need to use their logos so visitors are aware of who they are. My understanding is that this is... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 20, 2020

You should definitely consult with an attorney.

You may want to check the companies' websites to see if they have any specific guidance.

Further you should not use the logos to imply any endorsement of any kind.

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Would it be illegal to take inspiration from something trademarked by its company?
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Please provide further clarification as I don't really understand the question...thanks!

1 Answer | Asked in Trademark for Nevada on
Q: about this trademark lawsuit, how do I answer, i live in Mexico City and just found out theres a lawsuit against me

2:2020cv00051 case number

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 5, 2020

Where was this filed against you?

who filed it?

you need to have an attorney work with you on this.

Contactame.

www.legalbizglobal.com

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 30, 2019

As far as trademark use is concerned, the name of the company may not have an effect on it.

Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.

Registration gives presumption of ownership, but it is rebuttable.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 21, 2019

yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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1 Answer | Asked in Trademark for Nevada on
Q: Can I trademark a made up word (industry+preneur) if others are using it currently but have no trademark?

We want to name a business using a made-up word, but people use it as hashtags and a few other people had used it in the title of their workshops, but no trademarks exist and I don't see any business entities that have put a lot of money into the use of the word. If I trademark it and set up a... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 5, 2018

Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.

1 Answer | Asked in Trademark for Nevada on
Q: May phrase is similar to a recently approved trademark

I've been using a specific phrase on coffee mugs (and selling them) since October 2016. Recently a trademark was approved for a very similarly worded phrase Am I infringing by using my own phrase on my coffee mug (and selling them online and at craft fairs)? His is trademark for use on coffee... View More

Benton R Patterson III
Benton R Patterson III
answered on May 1, 2018

An attorney would need to know more about your history of using the phrase and the trademark applicant's to provide an opinion on whether you may continue to use the mark. If you are the senior user, it is possible you may be able to have the trademark cancelled or at least retain the right... View More

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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