A status of abandoned does not mean that the trademark is no longer in use by the original owner or that it is not in use by another. Prior to using a trademark, it is important to work with a trademark attorney to assist you with performing a trademark search to ensure that your use of a trademark...Read more »
If use of a trademark would create confusion as to the source of the goods or services (ie. whether the good or service is sold by one company vs another), then it could be considered infringement of the trademark, especially if both trademarks are used in the same or related class/category(s) of...Read more »
You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.
A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required...Read more »
A bank has reliquished savings funds to the floridatreasurehunt.gov. The state in turn will relinquish those assets to the next of kin once a probate order has been given. There was no will, it was past the 2 year statue of limitation for creditors and the amount in question is less than $75,000 a... Read more »
If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar...Read more »
If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many...Read more »
Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.
Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in...Read more »
Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be...Read more »
The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a...Read more »
I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »
Trademarks are generally categorized by class. If the mark you intend to use is in a different and unrelated class/category, you may be able to use and register the mark. It is important that you work with a trademark attorney to assist you with the process and with a clearance search to ensure...Read more »
Basically, is it legal to exchange the first word and make a new brand out of it (whether it's Spain, Texas etc)? I was about to make a new brand when it came to my attention that there is already a brand with a very similar name- and it's apparel as well. The original company is... Read more »
Using a trademark that is very similar to an existing trademark in the same class/category may be at risk for a claim of trademark infringement and dilution. Moreover, the USPTO may reject the trademark application due to a likelihood of confusion with a registered trademark. Consult with a...Read more »
A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related...Read more »
If she were to pass without having a will would the FL property still be considered part of the estate or would it be exempt as it has been signed over to me with the quickclaim deed? If it is still part of the estate, is there a way for her to sign the FL property over to me before she passes in... Read more »
Generally speaking, property that is not titled in a decedent's name does not go through probate process since it is not part of the decedent's estate. However there are many issues to consider, including tax consequences/reporting, Medicaid lookback periods, challenges of such property...Read more »
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