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Questions Answered by Nicole Schaefer
4 Answers | Asked in Trademark for California on
Q: How do you trademark a name for a start up company
Nicole Schaefer
Nicole Schaefer answered on Aug 1, 2021

Hi! The best way to do this would be to meet with an attorney. You'll have to show use of the mark in commerce, which can be difficult with a startup.

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4 Answers | Asked in Trademark for Michigan on
Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name

I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.

Nicole Schaefer
Nicole Schaefer answered on Jul 30, 2021

Hi! I understand your apprehension! Your best bet would be to meet with an attorney and have a comprehensive search done. It may turn out that you are fine even if the same name has already been trademarked due to various factors such as category they are trademarked in, etc. But don't give up... Read more »

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2 Answers | Asked in Trademark on
Q: Is this trademark still valid ?
Nicole Schaefer
Nicole Schaefer answered on Jul 26, 2021

What trademark are you referring to? My suggestion is to speak to an attorney and have a search done. Good luck!

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4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... Read more »

Nicole Schaefer
Nicole Schaefer answered on Jun 29, 2021

Hi!

I would recommend having a lawyer run a comprehensive search for you. This will allow you to find out if those other names are registered trademarks. If they are, you may have to rebrand. If they're not, good news! Then you should register yours so you don't have to worry...
Read more »

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2 Answers | Asked in Trademark on
Q: Can an Australian brand (No Presence in USA) cancel a Canadian brand's trademark in the US?

I have searched USPTO and google for "Selfie Skin" and no company has trademarked this in the US and also no American brand is using that mark. However, this company in Australia has been using that mark for a few years. Their product is a Laser Hair Removal. Our niche is in face mask... Read more »

Nicole Schaefer
Nicole Schaefer answered on Jun 19, 2021

Hi! Are they registered in the US? Otherwise they probably can't stop you. I commend you for getting a comprehensive search done!

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3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Nicole Schaefer
Nicole Schaefer answered on Jun 19, 2021

Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!

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1 Answer | Asked in Business Law and Trademark for Mississippi on
Q: Trademark and copyright law. How could I utilize parody law and fair use to legally use images/name?

I would like to use a recognizable character name and image in a satirical blog/online content context. What are the parameters of parody law and fair use policy that would allow me to do so legally? If this question is off base, how could I alter or tweak the image to comply with fair use... Read more »

Nicole Schaefer
Nicole Schaefer answered on Mar 7, 2021

Hi!

You are asking good questions but I think your best bet is to speak with an attorney so they can give you more specific advice. Copyright law is complex.

1 Answer | Asked in Trademark for Georgia on
Q: Can we get this trademark?
Nicole Schaefer
Nicole Schaefer answered on Feb 15, 2021

What trademark are you seeking? An attorney will conduct a search for you and determine if the trademark is available.

2 Answers | Asked in Consumer Law, Copyright and Trademark for Georgia on
Q: Does "Ew, David!" infringe on the trademark "EW DAVID" ?
Nicole Schaefer
Nicole Schaefer answered on Feb 14, 2021

Yes it definitely will.

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I bought a dog from a breeder that has a genetic problem that caused me to put it down.

What kind of recourse do I have? The dog was AKC registered and only 2 years old when we put him down. We have the autopsy records that show it is a genetic defect that caused its death.

Nicole Schaefer
Nicole Schaefer answered on Jan 19, 2021

Did the breeder guarantee the dog's health or anything like that? You may have recourse but it depends on the particular facts in your situation. I would consult with an attorney.

2 Answers | Asked in Trademark for New York on
Q: can I trademark an IP without a business license or deciding on a business name ?

I have fictional character I made for movies, music and books. I want to protect it and license it

Nicole Schaefer
Nicole Schaefer answered on Jan 19, 2021

Hi! You can definitely trademark your character name, even without a business license or a business name. I would recommend consulting with an attorney to make sure that is the right action for your situation, but having a business name and license are not necessary for trademarking something like... Read more »

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2 Answers | Asked in Trademark for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Nicole Schaefer
Nicole Schaefer answered on Dec 22, 2020

If Tower has the trademark, it doesn't matter that it was dead. They own it now. You could try to get them to share the trademark with you. I would definitely consult a lawyer. Good luck!

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4 Answers | Asked in Trademark for Oregon on
Q: There's a company called "xtrafun kid products", if I create a company called "extrafun" am I infringing ?

Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?

how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space

Nicole Schaefer
Nicole Schaefer answered on Dec 22, 2020

It depends. Since you are in the same class, there could be confusion. However, the names are different. I would consult with a trademark attorney to make sure and possibly brainstorm a new name just in case.

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4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Nicole Schaefer
Nicole Schaefer answered on Oct 15, 2020

Yes, you absolutely can! It doesn't matter what you sell. If your business has a name, you can probably trademark it. I would speak with an attorney to make sure the name is available and not infringing on anyone else though.

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2 Answers | Asked in Trademark on
Q: I'm developing an App which I'd like to name Uber Dates or UberDate. Are these names legally available?
Nicole Schaefer
Nicole Schaefer answered on Oct 13, 2020

I would have an attorney do a search, but I would suggest staying away from that name.

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3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Nicole Schaefer
Nicole Schaefer answered on Oct 12, 2020

Hi! You likely can apply for this trademark. However, I would hire an attorney to take a deeper look at this trademark and see what, if any, office action was administered in order to make sure your application would not also be refused or anything like that.

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3 Answers | Asked in Intellectual Property and Trademark on
Q: Can a foreigner file for trademark in us?

and what are the fees

Nicole Schaefer
Nicole Schaefer answered on Oct 12, 2020

Yes. You can definitely register in the U.S. You just need to use an Attorney from the U.S. or a contact here with a valid address.

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3 Answers | Asked in Trademark for Florida on
Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.

So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?

Nicole Schaefer
Nicole Schaefer answered on Oct 6, 2020

Hi! You might be okay, but I would recommend consulting with an attorney to talk more about potential issues with this name and logo. Trademarks is a complex area and it can be hard to predict what trademarks will be refused or ultimately get an office action.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: Can my dog be euthanized for killing my neighbors cat?

He dug out under the fenced in area. Her cats roam freely but this happened on her property. I wasn't home so I don't know if that's true. I live in NY upstate

Nicole Schaefer
Nicole Schaefer answered on Oct 5, 2020

Probably not. It depends on your local animal codes though. Generally speaking, a code will allow several incidents before euthanasia. Your dog may be labelled a "dangerous dog" though.

2 Answers | Asked in Trademark for California on
Q: how do i take over a trademark

trademark for our club patch has expired brian is no longer part of our club i need ownership of patch

Nicole Schaefer
Nicole Schaefer answered on Oct 5, 2020

If the trademark is expired, you should be able to simply apply for it and become the owner of it. If, however, you are seeking to get ownership of the trademark from a current owner, you can always get an assignment or transfer of ownership.

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