Names that are used to identify the source of goods or services, such as a group providing entertainment services, may be registered as trademarks. This is different from registering literary or musical works for copyright protection. Consult with a trademark attorney for more information.
Businesses usually register their trademarks in any country where they intend to do business. However, the use of a particular trademark depends on many factors including whether such mark would infringe on the trademark rights of another. Consult with a U.S. trademark attorney to assist you with...Read more »
Generally, business owners contact the trademark owners directly to obtain licenses. The name and address of the owner and/or their attorney can usually be found on their trademark registration record on the USPTO website.
Business owners should proceed with caution before using famous trademarks. This is because even when their is a low likelihood confusion or the marks are used in different industries, the famous trademark owner may still deem such use as infringement by alleging that the other mark is diluting...Read more »
They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... Read more »
The viability of a trademark infringement claim generally depends on many factors including likelihood of confusion, geographical scope of use and registration, priority of use/first to use, owner's failure to adequately and timely enforce trademark rights, etc. It is important to consult...Read more »
Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.
Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of...Read more »
A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other...Read more »
Using a confusingly similar trademark in the same or related class/category of services as an existing trademark could be deemed infringement. Also, attempting to register such a mark could be refused by the USPTO due to a likelihood of confusion with a registered trademark. It is recommended...Read more »
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another...Read more »
You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a...Read more »
A brand name may be registered as a trademark with the USPTO if it is being used as a source identifier for your business and there are no other identical or similar marks being used for the same class/category of goods or services. There are many businesses that sell used items so this is not...Read more »
A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or...Read more »
Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.
Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you...Read more »
Foreign applicants must be represented by a U.S. trademark attorney for applications filed at the USPTO. Fees vary among attorney, costs are determined by number is trademarks, number of class/categories, etc. If trademark is already registered in another country, it may be eligible to maintain a...Read more »
A trademark may be considered confusingly similar to another trademark (and possibly infringing) if both marks are used in the same or similar goods or services. Consult with a trademark attorney to assist you.
Before someone can use any trademark, they must first determine whether the mark or a similar mark is already being used in order to avoid possible infringement. It is best to consult with a trademark attorney to guide you through the process.
In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific...Read more »
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