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Questions Answered by Matthew Alexander Toporek
2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

That code means that the trademark was cancelled due to failing to timely file the proper renewal paperwork. The first trademark renewal is due after the five year anniversary of the registration date, during that fifth year. The second renewal is due ten years after the registration date. Third... View More

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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: How do I get my trademark back do i just reapply ? It’s abandoned

BODIED trademark was abandoned and it was mine but I didn’t know how to re register as my lawyer did this but then she disappeared

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application.... View More

3 Answers | Asked in Trademark for New York on
Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 19, 2023

If your trademark was registered and then cancelled because the required renewal paperwork was not timely filed, then you will likely have to file a new application. There is a 2 month grace period after the cancellation notice is sent where you can attempt to revive the registration but after that... View More

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1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for North Carolina on
Q: I set up a blog about medicine and supplements. And I want to know if the name will get me in trouble. Doham.org

The name I selected is Department of health and medicine. In the about us section of the website, I have a disclaimer, saying that we are not a government organization. I am not making money from this website yet, but I plan to in the future. The LLC name is completely different so I will be DBA... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

3 Answers | Asked in Trademark on
Q: Hi, I am wanting to look at trademarking our business name please
Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 14, 2023

You should consult with a trademark attorney. Filing a trademark application initiates a technical legal proceeding that an experienced attorney can assist with in an effort to make it an efficient process. Performing a comprehensive clearance search is also strongly advised prior to preparing the... View More

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2 Answers | Asked in Trademark for Georgia on
Q: How do I change the codes for my trademark as what we do has changed over the past year.

How do I change the codes for my trademark as what we do has changed over the past year.

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 16, 2023

Unfortunately, there is not a way to add classes of goods or services to an already filed federal trademark application. That would require filing a new application with the USPTO.

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1 Answer | Asked in Copyright and Trademark for Alabama on
Q: Can I use Palooza in an event name eg Pirates Palooza

We are hosting a local festival and I did not want to use something trademarked

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Palooza is commonly used descriptive term of a party and generic word so there should not be any trademark infringement issues with that particular term. Descriptive and generic terms are afforded little to no trademark protection.

1 Answer | Asked in Trademark for Pennsylvania on
Q: Would Iron on patches fall under this trademark category?

If a trademark states "covered Goods and Services: Clothing, namely, t-shirts, tops, pants, coats, jackets, swimwear, lingerie, sweaters, denims, shoes, hats, scarves, gloves and underwear". I was selling iron on patches with a trademarked WORD, not even a brand specific word and got a... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

ETSY has strict and unique infringement policies separate and apart from the USPTO. While there may be arguments to be made that a patch is not technically a piece of clothing, it is likely an uphill battle to get ETSY to overturn their decision.

3 Answers | Asked in Gaming, Trademark and Intellectual Property for Florida on
Q: How would I trademark my Game?

I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 14, 2023

Registering your trademark with the USPTO would give you the strongest legal tools available to protect your brand name. The federal trademark registration process is quite technical so it is advised to consult with a trademark attorney. Most trademark attorneys will assist with a comprehensive... View More

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4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 9, 2022

The short answer is you may be able to register either or both. If you are considering registering though, you really should take the time to consult with a trademark attorney. Clothing is a very competitive class to get your mark registered in and the assistance of an attorney, along with a... View More

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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 9, 2022

Sales are not necessarily required, but you will have to show the mark being used in commerce in the statement of use. I would consult with an attorney in an effort to make it a smooth process.

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