The original registrant of the trademark may still be able to renew the trademark under the grace period and then proceed with assigning the trademark to your business. If this is not the case (and assuming this registrant nor any other business is using the trademark), you will have to start a new...Read more »
A Petition to Revive a trademark registration application generally must be filed within two months of receipt of the Notice of Abandonment. A new trademark application will likely have to be filed in for such a trademark. However, note that the abandonment of an application does not mean that a...Read more »
Florida statute 732.401 controls the descent of the homestead property. It provides, that if the homestead property is not devised in the will as authorized by law and the constitution, then the homestead shall descend in the same manner as other intestate property. Consult with a probate attorney...Read more »
Generally, if your podcast name is not confusingly similar to another trademark in use, you may register your podcast name as a trademark with the USPTO. Consult with a trademark attorney to assist you with the process.
The registries on the USPTO website display trademarks that are registered in the United States. The registries do not display marks that are in use but not registered nor marks registered in other countries. However, it is possible to register your trademark in other countries. Consult with a...Read more »
Whether a trademark may be used depends on many factors. Generally, the trademark should not be confusingly similar to another trademark in use for similar or related goods or services. Consult with a trademark attorney to assist you.
Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services....Read more »
A trademark application is typically deemed abandoned for failure to submit a required response to the USPTO. However it is still important to determine whether the mark is still in use by the applicant or by any other business. A trademark attorney can assist you with this process.
Using and registering a cancelled trademark depends on many factors, including for example, the reason for cancellation, whether this trademark (or a similar trademark) is currently being used by this owner or another person for the same or related class of goods and services, etc. Consult with a...Read more »
A trademark application is typically abandoned for failure to timely respond to a refusal and/or some notification from the USPTO. You should consult with trademark attorney to determine if you should resubmit your application.
Is there some kind of privacy protection for this? I know there is domain privacy where the individual's information is substituted with the web host's information. Is there something like this in the form of trademark privacy for each of the 45 classes of trademarks?
According to the USPTO, all of the information and documents you provide during the prosecution of an application and maintenance of a registration are available to the public and will be viewable on the USPTO website. There is a procedure for domicile address, which can be kept private if you...Read more »
A trademark that with a cancelled registration may still be in use by the owner or some other business. Consult with a trademark attorney to assist you with the application process and search for any confusingly similar trademarks that may be in use.
An abandoned trademark application due to failure to file a required response does not necessarily mean that a trademark is not in use. Before using a trademark, it is important to conduct a clearance search to prevent using and infringing on a trademark that is in use for the same or related goods...Read more »
A "dead" trademark application or registration may indicate that the mark is available for registration, but it does not indicate whether the owner or another business owner is using the trademark in commerce. The previous owner may have neglected to renew the registration, or another...Read more »
The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »
The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark....Read more »
It may be deemed infringement to use a trademark that is confusingly similar to another trademark that is in use for the same class/category of goods or services. There may not be an issue, however, if the trademarks are used for completely different goods or services when there is no likelihood of...Read more »
If you wish to purchase or license a trademark, you may contact the owner or the attorney listed on the trademark registration. On the other hand, if you are referring to registering your own trademark, you may begin a registration application with your state or with the U.S. Patent & Trademark...Read more »
Once you use a mark as a trademark for your goods or services, others cannot use the same or related trademark for the same or related class of goods or services. Registering your trademark provides additional benefits. Consult with a trademark attorney for specific information.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.