While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact...Read more »
If you hire an attorney to either review one or to draft one for you, then you know it covers you appropriately. If you don't, there is always the chance that your document will miss an important legal clause or section that it needs to give you the protection you need. I know it costs more...Read more »
Im developing a fantasy video game with a race of humanoid dragon people that were made by dragons and was hoping to call them Dragonborn, but it shares the same name and physical similarities to the Dungeons and Dragons race of Dragonborn. Despite the fact its just a combination of the words... Read more »
It sounds like you're asking about the trademark implications of you using that term. There are many factors to determine if you are infringing on someone's trademark. It would be best to have a trademark attorney conduct a comprehensive search at the USPTO to determine if you may run...Read more »
Purchase dog in MASS dog from NY. seller owns dog training business which is place of purchase. They will refund money if I give the dog back. obviously we are attached to the dog and want to keep her. we have experienced much pain and suffering and I have big medical bills. they said unaware of... Read more »
I am so sorry to hear about your dog. The first place to look would be the contract to see what options are listed there. There might be a 93A Consumer Protection case but you would need to consult with an attorney on the specific facts to see if that avenue is open to you.
Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person...Read more »
No contract I have all text messages which we did the deal he has a website which he has all his terms and conditions that gives a cash refund if the dog is found to be sick 72 hours by a legal veterinarian he did tell me that his littermate tested positive the night before I was going to pick her... Read more »
First, I am so sorry that your new puppy was sick! As to your course of action, it depends. You are above the amount for small claims court but it can be hard to get an attorney to take a case to trial if the sum isn't a lot higher. You may be able to do a demand letter for a settlement...Read more »
A foreigner may file for a US trademark but they must use a US attorney to do so. The legal fees are going to vary by attorney, and the federal filing fees will depend on how many marks are filed and in how many classes.
Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark...Read more »
If you didn't file a federal trademark registration, then you may have some common law rights. However, those rights generally will only protect you in your geographic area, not in the entire country, which is covered by a federal trademark. You should consult an attorney to decide if you only...Read more »
I am a 53 year old male who has acquired over $1 million dollars so far in net assets. $700k retirement and $400k home equity. I am still working and will for another 10 years and currently max out my retirement.
I have life insurance while working but I developed a serious cardiac... Read more »
There are several options that can help protect your family. You not only want to think about your medical expenses but also estate taxes because your assets appear to be over the $1 million estate tax exemption. This situation is one that you would be better discussing with an estate planning...Read more »
I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again
If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.
I hate to say it, but that really depends on the circumstances. A company may have common law trademark rights if it has not registered a trademark with the USPTO. Those rights usually are limited to a geographical location, but again it's going to depend on the specific circumstances. Feel...Read more »
You can look up any federally-registered trademark at the USPTO site, www.uspto.gov. Once you find the trademark, you can click on the registration number to find who owns the trademark, and that person's or company's contact information.
It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the...Read more »
l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.
Whatever name you register and get approved with the United States Patent and Trademark Office is what is protected. In your example, if you registered “Peter and Paul,” then you could use that mark. However, if you just used Peter or Paul separately, they would not have trademark protection...Read more »
A spouse can create a trust for him or herself without including the other spouse in it as long as that property belongs only to that person. If a husband inherits property he may create his own trust unless there was a stipulation with the inheritance that he had to include his wife as a...Read more »
While I can't speak to your specific situation unless you are a client, I can say that animals are considered property in Massachusetts. That means someone has to show ownership, whether it's by a title or some other means, in order to own a dog. For example, if it's a car, there is...Read more »
A situation like that really depends on the details. Dogs are considered property in Massachusetts, so it's similar, as awful as this sounds, to losing someone's property. Anyone can sue, so it comes down to whether you would be found responsible for the loss. And, as I said, that really...Read more »
I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!
I can't answer your situation specifically because you aren't my client. Generally speaking, there are various ways to prove dog ownership, such as being the owner on a microchip ID, being listed as an owner at the vet, registering the dog with the city or town to get a dog license, and...Read more »
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