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In your experience, which are pros and cons of choosing terms from Harmonised Database (HDB) instead of going for a custom definition? Suppose my trademark covers organization of workshops about craftmanship and suppose I cannot find a single term for representing such a service but, instead, I... View More 
answered on Jun 18, 2018
An attorney would need to know more about your business to answer this question. Generally speaking, you should make the description as accurate as possible of the services you provide. The harmonized database can be helpful, but if its not accurate, its better to use a custom description. If... View More
I run a small publishing company which owns multiple websites. I am in the process of accepting money from investors who will own shares in one website of the many I own.
Can anyone point me in the right direction of the agreement required for this?
answered on Jun 15, 2018
There is not a standard agreement for this. You will need a custom agreement. What you are describing may also qualify as a security and be regulated by the Securities and Exchange Commission.
I have what may be a ?product line? idea. It's a name to represent spiritually based slogans which can go on anything from refrigerator magnets to T-shirts, etc. I've looked on the government website and got lost in the process of a bunch of forms which may have well been written in... View More
answered on Jun 13, 2018
I agree that it is a good idea to make sure the application is completed correctly the first time.
Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.
In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... View More
answered on Jun 4, 2018
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the... View More
answered on Jun 4, 2018
A trademark that is published for opposition has not been registered yet. If no one opposes your mark during the opposition period, it will be issued.
We plan to create the Youtube Channel and register Trademark for it. The name is: " Dude Perfect JCR" Can I register that name. We also do Strick Shot and much more. All contain we build up ourselves. Tks
answered on Jun 1, 2018
Unfortunately, this doesn't have an easy answer. Searching for and evaluating conflicting trademarks is a large part of any trademark attorney's practice. You will need to consult with a trademark attorney. I would also recommend using a lawyer to help select what aspects of your... View More
I didn't want to use our personal ssn. Which is the best way to go about doing so?
answered on May 31, 2018
If that is all you want to accomplish, you do not need to convert the partnership to another entity. A partnership can obtain an EIN, allowing the partnership to obtain credit and file taxes under the partnership's EIN, rather than a partner's SSN. You can apply for an EIN on the IRS website.
answered on May 31, 2018
Possibly, depending on the concept. Some original concepts from a show can be protected by copyright. However, copyright does not protect age old concepts that exist in many stories (for example, a group of people of different backgrounds share an apartment or contestants are evaluated by a panel... View More
answered on May 31, 2018
This is a trademark issue. If you have an idea for a trademark, the first step is to speak with a trademark attorney about searching for conflicting marks to ensure you are clear to use it.
Hi,
We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to... View More
answered on May 31, 2018
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.
The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software... View More
answered on May 29, 2018
The most common document used in this scenario is a nondisclosure agreement. You should speak with a business attorney about preparing a nondisclosure agreement for your specific needs.
Children's story about two pigs. One negative attitude (I Think Not) and one positive ( I Think I Can). Character never says the line, but is intended to relay his "See good in all" attitude. Wanted to make sure the name is not an infringement on the copyright of the old Children's story.
answered on May 29, 2018
You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.
I got a pit bull after I moved in and they didn't tell me about any breed restictions
answered on May 29, 2018
It depends on what the lease says. If its in the lease and you signed it, you are likely out of luck.
answered on May 29, 2018
A trademark application can be marked abandoned if the applicant missed part of the application process. For example, they may have failed to respond to an office action or neglected to file evidence of use.
I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now
answered on May 29, 2018
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You... View More
Assuming I am selling bedding items such as sheets and pillow casings on Amazon under my trademarked brand "My sleeping comfort" and a competitor with a different brand sells similar items and uses the words "sleeping comfort" in his product title and descriptions, is he in... View More
answered on May 29, 2018
An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using... View More
answered on May 29, 2018
You can trademark words in a particular font or a phrase. The amount of subject matter that can potentially qualify as a trademark is extremely broad. In rare instances colors and smells can qualify as trademarks. The key is that the person must use it as an indicator of source in commerce.
The name we choose is I.U.W.T but the only problem that I see is that someone else has the name but without the punctuation marks. Can we still use the name?
answered on May 22, 2018
It depends on several factors, such as the goods and services associated with the other mark, what is claimed in the application, how long the mark has been in use, among others. An attorney would need to review all the facts to answer this question.
Wanted to know what type of business would be better: non-profit or a LLC. Should I have a lawyer look over contract between my company and the school district. Do I need another company to handle taxes and payroll.
answered on May 14, 2018
An attorney would need to know more about the program to advise on what type of business structure to use. There are many factors to consider when forming a business. It would be best to have a lawyer review a contract with a school district.
Like an empathic autobiography.
answered on May 14, 2018
In theory, yes it is possible. An attorney would need to know more about the work to give an opinion on whether the particular use is transformative.
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