When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.
I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.
If your trademark went abandoned some time ago you unfortunately will need to file a new trademark application. If you have been using the mark and no conflicting marks have been filed there should be no issues in refiling for the mark. When a trademark is field a declaration of use is required to...View More
It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a...View More
In order to know if a trademark is available first a preliminary trademark search should be conducted on the USPTO and various sites to ensure there are no exact or similar marks already registered in the same class of goods and services. If no conflicting marks exist the next step is to check that...View More
If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark...View More
In order to register a trademark you must first conduct a search to ensure the mark is not already registered with the USPTO in a similar class of goods or services. Once a trademark search is completed, if the search is clear you can register an In-Use or Intent-to-Use application with the USPTO....View More
In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.
You should consult a trademark attorney to assist with filing your business name. Prior to filing a clearance search should be conducted to ensure there are no conflicting marks already registered with the same name and in connection with similar goods or services. A trademark attorney or...View More
You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine...View More
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same...View More
I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More
There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is...View More
i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?
Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to...View More
There are different costs involved depending on the type of application you are filing, for instance an if you file an intent-to-use application there will be additional costs throughout the registration process to complete your registration. The application cost vary on whether you use a TEA Plus...View More
If a trademark expires and it is no longer registered with the USPTO a new application can be filed for the same mark and granted by the USPTO. Generally, the USPTO gives a 6 month grace period to a mark before marking it as abandoned by the owner.
Hi, looking to use some key words in a small online shop I have opened and am wondering if trademarks are only valid for the category they are registered in. For example: If i wanted to use a term in the title of an item listed for a t-shirt or sweatshirt, is this allowed because the trademark for... View More
Yes, trademarks are only protect the mark in connection with the class it is registered in as well as the good and services description related to the mark. A similar or identical mark can be registered in a completely different category and in connection with a different set of goods and service...View More
In order to find out if you your requested mark is already filed with the USPTO you can work with a Trademark filing service for a low cost fee to preform a pre-search or full search for conflicting or similar marks. The trademark application is generally $250-$350. Working with a trademark service...View More
This depends on a few factors. A trademark in-use application can cost $250-$350 depending on the form used by the USPTO, which is based on electronic correspondence and goods and services . An intent-to-use application has additional fees to show the mark is used in commerce after the initial...View More
If one company has the name "X" with a NICE CLASSIFICATION of 42, can a second company be named "X" under the same NICE CLASSIFICATION? For example, one company may be a technology company for VR equipment while the second one sells software.
Generally, the USPTO will not allow registration of the same or similar marks in the same class of goods / services. A trademark search should be conducted by a Trademark attorney or service to review the competing marks in order to give a recommendation if the USPTO would deny the mark due to...View More
Generally, it is best practice trademark the name exactly how it will be used in connection with the goods and services. If the mark will mostly be used without the LLC portion connected then it may be recommended to trademark the name without the LLC portion connected. Best practice is to consult...View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
If the mark is confusingly similar to your mark it will most likely be blocked from being registered with the USPTO. The USPTO will not allow the same or similar marks in the same class of goods and services to register.
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