My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »
It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a...Read more »
Different spelling is not always sufficient to differentiate a trademark. If the marks sound the same that could constitute confusion. If you've been using the mark for years, you may have a priority claim in your geographical location, but you should contact a trademark attorney asap...Read more »
I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again
If the time period (usually 6 months) has expired, you will need to start all over again. I would suggest consulting with a trademark attorney so that you have someone who can walk through the process with you from start to finish.
i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout... Read more »
The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can...Read more »
Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an...Read more »
It depends on whether the goods or services are in the same or related classes. If both marks are being used for goods that are similar, then a likelihood of confusion could exist, but it's not automatic. Likewise, different spelling doesn't save a mark from a likelihood of confusion analysis.
The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »
The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.
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 »
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.
She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within...Read more »
Using the name of the team is likely trademark infringement. Using the athlete's likeness could run you into issues with the right of publicity because you're using it for a commercial purpose. The photo does belong to the photographer or the organization if they licensed it and while...Read more »
The name of said media is 'Dreams of Fear' and I was just curios about the entire process of registering a trademark. I've looked into it a little bit before, but nothing too serious. Now the project is beginning to develop some serious steam and I want to cover myself before... Read more »
More information is needed about the mark to be able to advise you properly. I would suggest contacting a trademark attorney for assistance. Please feel free to call me at 561-370-7396 if I can be of assistance.
If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?
If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel...Read more »
You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.
I have a small online jewelry business and a competitor filed a notice of copyright infringement on the platform where I sell. The designs she mentioned are fairly simple using mass produced charms and embellishments available from common jewelry supply sites. I checked the registration number she... Read more »
No the copyright protection in the photographs do not extend to the items themselves. However, it may be that she may thinks that you used the photographs (or she could just not understand how copyright works which is a strong possibility).
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