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Questions Answered by Felicia Altman
2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

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.

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

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.

Felicia Altman
Felicia Altman
answered on Sep 7, 2023

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

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Can I own this trademark? “Taking Care of Business”?
Felicia Altman
Felicia Altman
answered on Sep 3, 2023

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

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3 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, Can I Trademark SENSE GUARD for a Pool Alarm.Trademark can be "SENSE GUARD ALARM"
Felicia Altman
Felicia Altman
answered on Aug 8, 2023

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

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
Felicia Altman
Felicia Altman
answered on Aug 4, 2023

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

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
Felicia Altman
Felicia Altman
answered on Jul 10, 2023

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

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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Felicia Altman
Felicia Altman
answered on Jul 3, 2023

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.

If you would like to...
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3 Answers | Asked in Trademark on
Q: Hi, I am wanting to look at trademarking our business name please
Felicia Altman
Felicia Altman
answered on Jun 13, 2023

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

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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?

Felicia Altman
Felicia Altman
answered on Jun 8, 2023

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

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hi. How can I claim an abandoned trademark? I read that I need to see if the owner is still using it for anything too.

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.

Felicia Altman
Felicia Altman
answered on May 29, 2023

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

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

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

Felicia Altman
Felicia Altman
answered on May 26, 2023

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

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2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

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?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

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

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

Felicia Altman
Felicia Altman
answered on Feb 25, 2023

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

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I get a trademark on an item if it expires with the previous owner

If they forget to keep up on their retrademark can I slide in and own the design?

Felicia Altman
Felicia Altman
answered on Feb 13, 2023

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.

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1 Answer | Asked in Trademark for Texas on
Q: Are trademarks only valid for the category they are registered for?

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

Felicia Altman
Felicia Altman
answered on Feb 2, 2023

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

1 Answer | Asked in Trademark for Florida on
Q: Can I trademark the term Game of Quotes and if so how much would it cost.
Felicia Altman
Felicia Altman
answered on Jan 24, 2023

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

3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Felicia Altman
Felicia Altman
answered on Jan 21, 2023

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

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2 Answers | Asked in Trademark and Intellectual Property on
Q: If one company has the name "X" with a NICE CLASSIFICATION of 34, can a second company be named "X"?

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.

Felicia Altman
Felicia Altman
answered on May 3, 2023

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

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4 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If I trademark my companies name, do I have to trademark the LLC portion as well?
Felicia Altman
Felicia Altman
answered on Apr 18, 2023

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

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

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

Felicia Altman
Felicia Altman
answered on Apr 11, 2023

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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