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Questions Answered by Benton R Patterson III
1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Is it ok to trademark the name of my greeting card company with the words greeting card in it.
Benton R Patterson III
Benton R Patterson III answered on Aug 17, 2018

An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as... Read more »

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Q: Trademark issue from previous owner?

I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 7, 2018

Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: When trademarking a brand name, can a colon or hyphen be incorporated within the name?
Benton R Patterson III
Benton R Patterson III answered on Aug 2, 2018

Yes, special characters can be incorporated into a trademark.

1 Answer | Asked in Trademark for Texas on
Q: I need to why is my trademark logo status is saying abandoned, when I payed for the trademark
Benton R Patterson III
Benton R Patterson III answered on Aug 2, 2018

You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney... Read more »

1 Answer | Asked in Trademark on
Q: Hi Lawyer,I'm from Vietnam and working for a Vietnamese Company now.We want to register 3 trademarks in US.

We are about to register 3 trademarks in US.

Here are 3 trademarks:

1. "Deep listening technique"

2. "Catching up technique"

3. "Rapid response technique"

Goods/services class(nice): 41

I don't know whether the ability to register all 3 trademarks is... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jul 23, 2018

An attorney would need to know more about the goods and services associated with the potential trademarks. You should speak with a US trademark attorney in a confidential consultation.

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: How would I go about trade marking Build A Blunt?
Benton R Patterson III
Benton R Patterson III answered on Jul 20, 2018

You should speak with a trademark attorney in a confidential conversation. It may be possible. An attorney would need to know more about your business.

1 Answer | Asked in Trademark on
Q: Can a lawyer get me a permission to use a trademark on my 3D model?
Benton R Patterson III
Benton R Patterson III answered on Jul 20, 2018

A lawyer can negotiate with a trademark owner on your behalf. Although, the trademark owner has the right to grant permission to use his or her trademark.

1 Answer | Asked in Trademark for Texas on
Q: I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I

Checked trademark availability of the exact saying, “lake:30”, and it shows available. So do they own similar trademarks?

Benton R Patterson III
Benton R Patterson III answered on Jul 20, 2018

A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.

1 Answer | Asked in Trademark for Massachusetts on
Q: how do i transfer a trademark I own to another company name

I have a trademark i own ,under a company .I would like to transfer it to another company which I registered.How do I go about this process.

Benton R Patterson III
Benton R Patterson III answered on Jul 13, 2018

You need to execute and record a trademark assignment. Any trademark attorney should be able to prepare this. I would note, before transferring the trademark, you must account for how the new owner will use the trademark. If not done correctly, the trademark could become abandoned.

1 Answer | Asked in Trademark for California on
Q: What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?

I filed Declaration 8&9 at the very end of the 10 year period, which ended in June this year. About 10 days later, after the end of the 10 year period, I received an Office Action saying that the specimen was deficient. I responded to the action on TEAS with the substitute specimens that I had... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jul 11, 2018

You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.

1 Answer | Asked in Trademark for Utah on
Q: Would i be able to use the words "CHALLENGE YOUR MOUNTAIN" in companies tagline? And the image of my logo?
Benton R Patterson III
Benton R Patterson III answered on Jul 11, 2018

A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.

1 Answer | Asked in Copyright and Trademark on
Q: Would you please advise me if I can apply on-line to vacate a default judgment? Thanks a lot.
Benton R Patterson III
Benton R Patterson III answered on Jul 11, 2018

No, you cannot apply to vacate a judgement online.

1 Answer | Asked in Trademark on
Q: Ours is a partnership firm with 4 partners, based in India. We need to register our Trademark with USPTO. Pls. guide

What documents are required for registration of Trademark by Non- US residents? How much time shall it take? What are the fees?

Benton R Patterson III
Benton R Patterson III answered on Jul 3, 2018

The fee to file an application electronically is $225 or $275 depending on the filing status. You will also need to pay an attorney to file the application. The attorneys fees can vary, but will generally be less than $1000. The estimated time to complete a registration is 18 months. I... Read more »

1 Answer | Asked in Business Formation for Texas on
Q: I live in TX, but am buying a property in KY with a newly formed KY LLC. Do I need to qualify the LLC in Texas?

Further, I am applying for an EIN with the IRS. The website is asking where my physical address is - would that be the KY initial registered office, my home address in Texas (where I work), or the property address that I'm in contract to purchase?

Benton R Patterson III
Benton R Patterson III answered on Jun 29, 2018

There are specific requirements governing when a business entity must register to conduct business in Texas. An attorney would need to know all the facts about the business to answer this question. The address of the business is not the registered agent's office. Typically, the business address... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: How do I know if I can ignore a cease and desist letter regarding trademark infringement?
Benton R Patterson III
Benton R Patterson III answered on Jun 29, 2018

Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could... Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Hawaii on
Q: do I need a music licence to play music spotify in the restaurant i own?

is a music licence required for me to play any type of streaming audio at my establishment?

Benton R Patterson III
Benton R Patterson III answered on Jun 28, 2018

Yes, you must have a license to play streaming audio publicly.

1 Answer | Asked in Copyright for New York on
Q: Do you think it is safe to file a Counter Notification against someone who filed a false DMCA Takedown on A Youtube Vid?

Someone filed a false DMCA Copyright Takedown against one of my videos and is asking for 1000$ to remove it. How should I approach this situation. I am sure they will blackmail me more if I were to give them my personal information such as: Physical Address, Name, And Phone Number, if I try to... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 26, 2018

You could have an attorney file the counter notice for you if you are concerned about distributing your contact information.

1 Answer | Asked in Trademark on
Q: Will a registered trademark apply to new similar items added to a product line, of the same brand and category?

If I have a trademarked brand name for toddler accessories (for example), and I want to expand the product line to include more toddler accessories, can that already trademarked brand name apply for the new items as well? Or would I have to get a new trademark for each and every new toddler... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 25, 2018

Probably not, but it is possible. It depends on how the description of goods and services was drafted and whether the new products are in the same classification.

1 Answer | Asked in Trademark for North Carolina on
Q: How can I get help processing my Trademark through?

Justia Trademarks Categories Education and entertainment ICP T.E.A.M.S - Trademark Details

ICP T.E.A.M.S - Trademark Details

Status: 641 - Non-Final Action - Mailed

Image for trademark with serial number 87645871

Serial Number87645871

Word MarkICP... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 20, 2018

You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.

1 Answer | Asked in Copyright for New York on
Q: Do I have copyright on a poster that I designed with a CC0 photo and a quote from someone who died 100+years ago?

I used a circle crop and specialized fonts.

Benton R Patterson III
Benton R Patterson III answered on Jun 18, 2018

Yes, but only to the extent of your contribution. You cannot claim copyright over what to took from someone else. But, you have a copyright in the assembled design you created.

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