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New York Trademark Questions & Answers
2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

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1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Nicole Schaefer
Nicole Schaefer answered on Jun 19, 2021

Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!

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2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Evelyn Suero
Evelyn Suero answered on Jun 15, 2021

Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services.... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Can I use a company logo in a game? For example Coco Cola?
Linda Liang
Linda Liang answered on May 6, 2021

What you are concerned about is trademark infringement issue. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or... Read more »

1 Answer | Asked in Trademark for New York on
Q: how much do it cost to trademark my cosmetic company name?

im looking to trademark my company name and I was advised to get a lawyer so I wanted to know a average estimate of how much trademarking my business name will cost? and when I do trademark it in my country will the protection of my trademark work in other countries as well?

Evelyn Suero
Evelyn Suero answered on Mar 6, 2021

The application fee for trademark registration with the USPTO is $250-$350 per trademark, per class. Attorney fees vary but it is recommended that you work with an attorney. Trademark registration in one country doesn't provide registration in another country.

1 Answer | Asked in Trademark for New York on
Q: I would like to know if i am using the correct international class codes on the teas plus application.

I can email a screenshot and also my application to view. Can you look it over and tell me if the application looks good to go? I intend to sell herbal powders, essential oils, bars of soap, and herbal teas. Thanks for your time.

Class codes I used:

Class: 003- for soap and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 1, 2021

Looks like you are ok.

You should consult with an attorney to make sure your mark has a chance.

cheers

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I register this brand for clothing .?

I want to register this brand for clothing and accessories and I would like to know if it's possible and what is the cost

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 26, 2021

You need to consult an attorney so he can do a thorough search for you

2 Answers | Asked in Trademark for New York on
Q: can I trademark an IP without a business license or deciding on a business name ?

I have fictional character I made for movies, music and books. I want to protect it and license it

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 18, 2021

Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And,... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I own the domain name hodlerhotel.com I want to trademark holder hotel what do I need to do?
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 16, 2021

The trademark process is usually done in two steps. First, you’ll need to perform a clearance search to ensure that the name is available and that there are no “confusingly similar” trademarks. Then, if the name is clear, you can protect the name by submitting a trademark application through... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Why is our trademark showing Published For Opposition after we already got our certificate with the registration number?

and how can I change that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 31, 2020

You should consult with an attorney.

If you are trying to save money by doing yourself you can contact the examiner and ask him or her.

You may be confused as to what you got.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can I use the word capricorn on a hoodie and not get sued?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 26, 2020

Depends on whether somebody else is using and in what context

Consult with an attorney

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3 Answers | Asked in Trademark for New York on
Q: I have an LLC registered and I want to launch a product line under that LLC. Should I trademark LLC or product line

Registered in NY

Evelyn Suero
Evelyn Suero answered on Dec 17, 2020

Many companies use and register multiple trademarks associated with their brand name(s) and individual product lines. Consult with a trademark attorney to guide you through the process and determine which marks will be used to represent the company's goods/services.

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
Read more »

4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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3 Answers | Asked in Trademark for New York on
Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

Bill Hulsey
Bill Hulsey answered on Dec 2, 2020

No, but you can file for the same mark, if it is not in use.

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1 Answer | Asked in Trademark for New York on
Q: Hey! Would i be Able to add another pseudo name? I found A company in Pennsylvania trying to use my trademark name.

I would like to send a cease and desist form

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.

2 Answers | Asked in Trademark for New York on
Q: Can I pickup thus trademark if it’s dead
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 26, 2020

It may show as dead because of a error in the calendar. A trademark attorney will have to review the history of the mark for information suggestive of your use as a good or a bad idea. You may be infringing if the renewal failure was an oversight.

See an attorney.

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Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

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