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Questions Answered by Changi Wu
1 Answer | Asked in Trademark for New Jersey on
Q: can I use a name similar to a trademarked name?

There is a trademarked name that is three words, I want to use the same first two words, but a different 3rd word for my business location. The trademarked name is not a location, but a book and diet concept.

Changi Wu
Changi Wu
answered on Jan 5, 2016

If the trademark you planned to use is similar to a registered mark or senior mark, it is unlikely that you can use your proposed trademark in the same category of goods or service. To infringe an existing trademark, the junior mark does not have to be exactly same as the existing mark. As long as... View More

1 Answer | Asked in Intellectual Property for New Jersey on
Q: I started my trade mark "Title Shot LLC" with a logo, is it to late for me to complete the process?
Changi Wu
Changi Wu
answered on Jan 5, 2016

It is not too late to register your trademark if no one has registered it for the goods or service same as yours, and if the trademark is distinctive enough to meet the registration requirements. Contact a intellectual property attorney for the evaluation of your trademark and logo whether they can... View More

1 Answer | Asked in Intellectual Property for New Jersey on
Q: I bought some beauty products at a stall in a mall. I.m reselling it online the company of the product send me a notice

they will sue me for bad infringement of their intellectual property. I have nothing with them. Can they really sue me for reselling something i bought, that i want to sell further? on ebay or amazon

Changi Wu
Changi Wu
answered on Jan 5, 2016

If you purchased a proprietary product in the U.S. from the proprietary right owner's authorized dealer and resold it, your sale might be protected under the first sale doctrine, which means the right owner has exhausted his right after he sold the product. However, if the mall stall is not... View More

1 Answer | Asked in Trademark for New Jersey on
Q: Started website 3 years ago. Then someone trademarked the name. Will I lose my website?
Changi Wu
Changi Wu
answered on Sep 8, 2015

It depends. If you have used the website name associated with your goods or services before the trademark in registration, you may file an opposition to the trademark registration while the trademark is still in the publication period. If the trademark has been approved for registration, you may... View More

1 Answer | Asked in Trademark for Illinois on
Q: If a company uses a new logo, can I take their old one and use it without permission?

I am trying to make merchandise to sell that has a company's logo on it. They did not give me their permission. Now they have a new, different logo. Can I use the old one for my merchandise?

Changi Wu
Changi Wu
answered on Sep 8, 2015

It depends. If the company abandoned the trademark, the trademark becomes unenforceable. A trademark is presumptively abandoned if the trademark is not used for three consecutive years. However, the company owning the trademark can rebut the presumption by providing evidence that the trademark is... View More

2 Answers | Asked in Patents (Intellectual Property) for Oklahoma on
Q: Are all United States Patents good Internationally?
Changi Wu
Changi Wu
answered on Sep 8, 2015

United States patent is good only in its territory. People makes, uses, or sells goods with U.S. patent outside U.S. will not infringe the U.S. patent. However, once the goods is imported into U.S., the goods becomes infringing to U.S. patent.

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