Copyright infringement and trademark right infringement are two different things. If that's your trademark, and your trademark is confusingly similar to that of some other's, meaning if an average consumer would mistake source of their product as from you, there is infringement. An...Read more »
Example. If someone has a registered trademark record for "blueberry" in Goods & Services for non-alcoholic fruit juice beverages; fruit juice; water beverages; vegetable beverages; plant-based beverages, drinks, fruit drinks; syrups for beverages, and the trademark in TESS displays... Read more »
Disclaiming a term means you are giving up any rights to that portion. Basically you recognize that the term can not be a mark. You need to consult with an attorney but the marks you listed sound generic and therefore non protectable.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include...Read more »
I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »
I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?
Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or...Read more »
An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.
A third party seller on amazon used the description "gorilla glass" in their own manufactured replicated glass screen protector which is the main reason I purchased the product because it claimed it was GORILLA GLASS as well as the military grade metal phone protective case. When iI... Read more »
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 »
If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the...Read more »
You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.
You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.
Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...Read more »
I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.
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