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I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
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answered on May 29, 2023
The reason why it was abandoned makes a difference. Some people begin the trademark process and then pivot to something else. Others abandon a mark because they received opposition to its registration. You can contact me for a free 15-minute consult at the link below to help you determine your... View More 
They would not be for sale and would be decor around the store in an "enchanted forest" theme. For example, Pokemon, Harry Potter, Marvel. The main attraction of the cafe would be food, drinks, and board games. I am wondering if this would be allowed without permission from the owners and... View More
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answered on Sep 21, 2021
Unfortunately, that likely infringes on the rights of the copyright owners. The Velvet Elvis is a bar that had a similar issue and was sued by the estate of Elvis Presley. You should contact an IP attorney to determine the best way to build your brand.
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answered on Sep 21, 2021
You don't need an attorney to change the address on your registration. If you log in to your myUSPTO account, you can select the "Change Address" option and use that form to change your information. Best of luck!
I would like to use the Chubbles trademark in merchandise
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answered on Dec 2, 2020
You want to know why the mark was cancelled because cancellation doesn't always mean the mark is no longer in use. The mark could have been cancelled because someone else had rights to the mark. I suggest contacting an IP lawyer to help you build a brand you can protect and monetize.
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... View More
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answered on Oct 26, 2020
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... View More
Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.
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answered on Oct 19, 2020
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... View 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
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answered on Sep 2, 2020
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... View More
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answered on Aug 25, 2020
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... View More
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answered on Aug 18, 2020
It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.
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answered on Aug 4, 2020
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... View More
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answered on Aug 4, 2020
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... View More
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answered on Jul 23, 2020
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... View More
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answered on Jul 22, 2020
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.
The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.
To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... View More
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answered on Jul 17, 2020
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... View More
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answered on Jul 16, 2020
Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.
professional athletes online, photoshopping them into a cartoon, then reselling them on a canvas through Etsy.
Since I plan to use pro athlete photos from the NFL, NHL, NBA, MLB, MMA, NASCAR, etc.... I have a few questions.
1) What type of license to I need from the photo creator... View More
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answered on Jul 15, 2020
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... View More
I would like to copyright or trademark it if available.
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answered on Jul 15, 2020
We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.
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... View More
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answered on Jul 13, 2020
An attorney would need to do a strategy call to be able to best tell you what can be done. It depends on the type of media, the use, etc. Feel free to call or email me to discus further.
The imprint on the book is my name, so I am technically the publisher. But I am only providing this service to myself for my own books. Would "410024 publication of books" cover this situation?
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answered on Jul 8, 2020
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?
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answered on Jun 2, 2020
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... View More
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