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Questions Answered by Bharath Konda
2 Answers | Asked in Copyright and Trademark for California on
Q: Can we use the term 'Craigslist' in a title for a tv show concept?
Bharath Konda
Bharath Konda answered on Oct 31, 2019

You cannot use "craigslist" in a title for TV show concept. Craigslist website is an established and well-known website for advertising goods and services. You may cause costumer confusion as to the "association" of the brand craigslist. Creating false association is a violation of lanham act. If... Read more »

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1 Answer | Asked in Trademark on
Q: can i sell a brand name which there was a trademark name which was abandoned ( status 605 ) regards

the trademark had previously been field approved but abandoned. I have been selling unaware of this trademark

Bharath Konda
Bharath Konda answered on Oct 29, 2019

Trademark abandonment only deals with USPTO federal trademark database. Depending on each individual trademark abandonment case, and the nature of the abandonment such as failure to respond, renew, or any unforeseen circumstance etc may impact rights. There may be some rights left over depending on... Read more »

2 Answers | Asked in Trademark for Kansas on
Q: Can you sell something trademarked in a different good and service listed?
Bharath Konda
Bharath Konda answered on Nov 19, 2019

Yes, it is possible to sell something in completely unrelated goods and services. You need to get a comprehensive trademark search analysis on the proposed use of the trademark. The trademark attorney needs to analyze your proposed use of the trademark with everything in the market including USPTO... Read more »

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1 Answer | Asked in Trademark for Ohio on
Q: Hello Ortho Napa XX is trademarked. Would that eliminate Hello Ortho by itself?Or with Napoleon after it. Logo differs
Bharath Konda
Bharath Konda answered on Oct 22, 2019

Proper comprehensive trademark search based on your international class of goods or services along with analysis of likelihood of confusion need to be done. It is not possible to give concrete yes/no answer over this forum with out complete information. Search need to happen, before i can say... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: T-shirt image containing car that is similar to Lamborghini - Trademark issue?

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.

I wrote to Lamborghini's customer... Read more »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture sample... Read more »

1 Answer | Asked in Trademark for California on
Q: How do you go about appealing oppositions when your lawyer and you no longer speak but they're listed as the attorney?

My lawyer who originally filed the Trademark for my company and I no longer communicates. We recently just received a notice of trademark opposition and we need to appeal it, however, I don't think our lawyer will help us out with this. Is he legally obligated to fight the opposition if he is... Read more »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

You may have signed a retainer or engagement agreement with your lawyer while taking the help for trademark registration purposes. That engagement agreement will explain in detail about the agreement termination. Usually lawyers get an engagement agreement only for a particular purpose. If that... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

2 Answers | Asked in Copyright and Trademark on
Q: Hello, I was wondering if it's possible to get rights to NOS trademark?

I have started car freshener company and I would like to sell fresheners with NOS logo. As I understand NOS logo is trademarked and I want to know if it's somehow possible to sell fresheners with their logo?

Bharath Konda
Bharath Konda answered on Oct 16, 2019

Non-exclusive license with the owner of the trademark is the starting point. If everything works out on paper between you and the owner of the trademark, then you may start to use the logo. Please do not sell merchandise with this logo without any license. There is no other way around this. Please... Read more »

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1 Answer | Asked in Trademark on
Q: Is it going to be possible to trademark blue ivy carter even though blue ivy is already trademarked?
Bharath Konda
Bharath Konda answered on Oct 15, 2019

It depends. There is no concrete yes/ no answer. If you are planning to use the "blue ivy carter" trademark to identify goods or services in a completely different class than the one that is already trademarked class, then it may be possible to get a trademark registration with USPTO. However, if... Read more »

2 Answers | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
Bharath Konda
Bharath Konda answered on Oct 16, 2019

A patent is a “private [and little public] property right granted by the government in exchange for certain public disclosures that provides the owner with the right to exclude others from practicing the claimed invention for a limited period of time.” Patent for a general utility based patent... Read more »

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