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Questions Answered by Evelyn Suero
2 Answers | Asked in Trademark for New York on
Q: I filed a trademark with my personal address. Is there anything I can do to remove/mask/hide my personal address?

I do not have a physical location for my business.

Evelyn Suero
Evelyn Suero answered on Jul 14, 2020

Trademark registration applications are public record incl. mailing addresses and email addresses.

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2 Answers | Asked in Trademark on
Q: Good morning. Is it possible to use a trademark that is already registered? some trademarks have multiple ? thank you

I would like to know how a trademark can be held by many different owners. and if it is possible to add one more with the same name?

thank you

Evelyn Suero
Evelyn Suero answered on Jul 11, 2020

Trademarks generally may be used in different class/categories so long as there is no likelihood of confusion as to the source of the goods or services. For example, one user may register a mark for clothing goods, while another may register the same mark under a different unrelated class such as... Read more »

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3 Answers | Asked in Trademark for Connecticut on
Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services,... Read more »

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1 Answer | Asked in Trademark for Tennessee on
Q: What all differences do there have to be to not commit trademark infringement?

Want to trademark a clothing brand.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers... Read more »

3 Answers | Asked in Trademark on
Q: I want to use word ladyboss but add other design register for trademark I was searching but it is taken is bad choose ?
Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

If there is a trademark registered in the same class or related class of good or services, then using that trademark could result in a claim of infringement. Also, note that trademarks that are not registered may have also acquired common law rights so a full clearance search should be conducted... Read more »

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1 Answer | Asked in Trademark for Pennsylvania on
Q: Can a secondary institution use an animal logo that is trademarked if the text, style, and colors are different?

If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?

Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »

2 Answers | Asked in Trademark for District of Columbia on
Q: Can I register the Trademark "No Fear"?

I want to start a hat company and name the company No Fear. Can do I that?

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

Work with a trademark attorney to assist you with performing a clearance search to determine if the mark is available and whether its use will infringe on another existing trademark.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, what is the process to transfer a trademark ownership? thanks
Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

The process of transferring a trademark is referred to as a trademark assignment.

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2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

You should consult with an attorney to determine whether you can revive the application or if you have resubmit.

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2 Answers | Asked in Trademark for California on
Q: If a Trademark like “ EGOTAG” exists can the brand be TM if it is “EGO-TAG” ?

Or “EGO-logo-TAG”

Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.

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1 Answer | Asked in Trademark for Indiana on
Q: I want to start a blog and write a book called "Finally Legally Blonde." Legally Blonde is trademarked--can I use it?

I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?

Evelyn Suero
Evelyn Suero answered on Jul 7, 2020

It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.

2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: if a word Marke is in CANCELLED SEC. 8 (6-YR) Can one apply Word Mark trademark?

I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... Read more »

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1 Answer | Asked in Contracts and Trademark on
Q: Sir, I neee help with few of questions regarding Trademark Law..
Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

It is best to consult with a trademark attorney with specific questions on trademarks.

2 Answers | Asked in Trademark on
Q: If a person is proprietor of a Trademark "7" used for chocolates.

And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The second registration would likely be refused by the USPTO on the basis of likelihood of confusion with the previously registered trademark since a consumer could be confused as to the source of the goods they are purchasing.

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2 Answers | Asked in Trademark for California on
Q: Hi I am in California and I am trying to get a trademark. I heard it's been dead since 2012, what do I do?

I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the... Read more »

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2 Answers | Asked in Trademark on
Q: This trademarks registered are valid all over the world or just only in US?
Evelyn Suero
Evelyn Suero answered on Jul 3, 2020

Trademarks registered on the USPTO protect your trademark in the USA.

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2 Answers | Asked in Business Law and Trademark for California on
Q: Our trademark with my former company i need transfer ownership to my new company name. Renew trademark too

name: uptempo tv

Serial# 858222486

Reg# 4461249

Evelyn Suero
Evelyn Suero answered on Jul 2, 2020

You should work with a trademark attorney to assist you with the formal assignment of the trademark and renewal.

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2 Answers | Asked in Business Formation and Trademark for California on
Q: If I found a trademark that was requested after I created my LLC, would I get affected? Do I have a right to my LLC name
Evelyn Suero
Evelyn Suero answered on Jul 1, 2020

If you are using the name of your LLC as your trademark, you may have a claim against a later user of the same trademark if there is a likelihood of confusion between your trademark and the other trademark.

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2 Answers | Asked in Trademark for California on
Q: What if I made a logo then someone else trademarks a similar logo. Do I have to stop using it or am I grandfathered in?

I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?

Evelyn Suero
Evelyn Suero answered on Jul 1, 2020

If you are using the logo as your trademark, to indicate your organization as the source of the goods or services you provide, then you may have priority over someone who uses a confusingly similar logo. Consult with a trademark attorney to determine your specific rights. You may be able to oppose... Read more »

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3 Answers | Asked in Trademark on
Q: Is the business name "BioFone" trademarked so I am unable to use it? Thanks

I'm looking at starting a business called BioFone and a couple of Google searched landed me on this page, I saw it may have been trademarked but it didn't seem as though it went through.

Evelyn Suero
Evelyn Suero answered on Jul 1, 2020

You should work with a trademark attorney to assist you with a trademark clearance search to find any identical or confusingly similar trademarks that are either registered or may be in use (and have acquired common law rights against infringement).

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