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Questions Answered by Nicole Schaefer
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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2 Answers | Asked in Family Law for Ohio on
Q: My 9 year old daughter wants to change her last name

I was wondering if you could give advice as to my daughter is 9 years old her father has only seen her 2 times a year give or take and each time for less than 30 mins for each visit. She cries when she has to go with him so bad that she throws up she has been wanting her last name changed to mine i... Read more »

Nicole Schaefer
Nicole Schaefer answered on Sep 3, 2019

You can change her name, but you'll have to get permission from her father.

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