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Questions Answered by London Davenport
1 Answer | Asked in Business Formation and Trademark for Indiana on
Q: Hi I want to use a fish in my logo for a christian clothing site can I be sued by christian mile or anything like that
London Davenport
London Davenport
answered on Dec 21, 2021

You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.

2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
London Davenport
London Davenport
answered on Sep 9, 2021

You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.

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2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

London Davenport
London Davenport
answered on Aug 25, 2021

Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you... Read more »

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4 Answers | Asked in Trademark for California on
Q: How do you trademark a name for a start up company
London Davenport
London Davenport
answered on Aug 2, 2021

Hi, you will want to speak with an attorney who can help you with your trademark. An attorney can run a search with the USPTO to make sure no one else has registered your mark for a related good or service, and they can assist you with showing use in commerce or filing an ITU application.

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1 Answer | Asked in Trademark for Florida on
Q: If I have a trademarked name let's say SliderMan, can someone come along and call himself Dan tthe SliderMan in FL?
London Davenport
London Davenport
answered on Apr 15, 2021

The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease... Read more »

2 Answers | Asked in Trademark for California on
Q: Looks like there are lots of PURSUIT trademarks. Can I add one more?

Pursuit is a mens fitness program. Can I get a trademark for it?

London Davenport
London Davenport
answered on Apr 15, 2021

You should hire an attorney who can complete a trademark search for you and make sure that a similar mark does not exist in your specific class of services. It is impossible to answer "yes" or "no" without completing a comprehensive trademark search.

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2 Answers | Asked in Business Formation and Trademark on
Q: hi! if i want to buy this trademark how do i move forward?
London Davenport
London Davenport
answered on Apr 6, 2021

If the trademark is already registered you can reach out to the owner of the trademark and see if they are willing to sell it to you. If you would like to register a trademark, you can file the application with the USPTO. You should contact a trademark attorney if you need assistance with this... Read more »

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3 Answers | Asked in Trademark for New Jersey on
Q: Can others use our company name if we are trademarked?
London Davenport
London Davenport
answered on Apr 5, 2021

Additional information is needed to answer this question. They may or may not be able to use the name depending on what type of goods and services they offer compared to your goods and services. If you are concerned about trademark infringement, you should hire an attorney to enforce your trademark... Read more »

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2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

London Davenport
London Davenport
answered on Mar 22, 2021

Identical trademarks can be registered in different classes of goods or services i.e. COACH for handbags versus COACH for educational services. Two identical trademarks, however, cannot be registered in the same or a similar class due to likelihood of confusion. You should consult with a trademark... Read more »

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4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

London Davenport
London Davenport
answered on Mar 12, 2021

Yes, you should hire a trademark lawyer to respond to the Office Action for you. Make sure your response is submitted prior to the deadline stated in the Office Action.

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1 Answer | Asked in Copyright and Trademark on
Q: If I include word "gucci" in my merch that I want to sell online, is that illegal?
London Davenport
London Davenport
answered on Nov 23, 2020

Gucci is a registered trademark in the United States. This means that the trademark owner can bring legal action to prevent others from selling goods and services similar to the ones associated with their trademark under the name Gucci and "infringing" their trademark ownership rights.... Read more »

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