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2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
Felicia Altman
Felicia Altman
answered on Nov 21, 2023

In order to get a trademark back depends on when and why it was abandoned or cancelled. Generally, a new registration and application is required to filed with the USPTO. In rare circumstances the cancellation can be appealed. Seeking guidance of trademark attorney or service may be useful in... View More

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3 Answers | Asked in Trademark and Intellectual Property on
Q: I want to open a trademark in the USA, what costs does this procedure involve?

Good afternoon My name is Elizaveta and I have a question for you, please tell me, I want to open a trademark in the USA, what costs does this procedure involve and

How long does it take and what are the possible future costs of maintaining it? I mean taxes.

Felicia Altman
Felicia Altman
answered on Nov 6, 2023

In order to receive a trademark you must apply for ownership of the mark in the proper goods and services with the USPTO. Best practice is to work with a trademark attorney or expert to advise on if a mark already exists and guide you through the process. Since COVID from filing to registration has... View More

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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
Felicia Altman
Felicia Altman
answered on Nov 3, 2023

Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Felicia Altman
Felicia Altman
answered on Oct 20, 2023

If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Felicia Altman
Felicia Altman
answered on Oct 14, 2023

If the mark is for a good or service used and sold in commerce you should be able to register for a trademark. The first step is to contact a trademark specialist who can assist with reviewing if there is another same or similar mark already registered with the USPTO and provide guidance and... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Felicia Altman
Felicia Altman
answered on Oct 14, 2023

If a mark was abandoned after registration it is generally due to failure to provide notice of continuance of use between the 5th and 6th year of registration. If a mark was abandoned prior to registration ti would be due to failure to answer an office action in a timely manner. A mark that is... View More

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6 Answers | Asked in Trademark and Intellectual Property on
Q: how do I trademark a logo and name in a specific industry?

I'm starting a business in the supplement industry and I want to know how to protect my brand name and logo.

Felicia Altman
Felicia Altman
answered on Oct 4, 2023

You should consult a Trademark Attorney/Specialist to assist with registering and protecting your brand name and logo. In order to protect your brand/business you must file a trademark application with the USPTO in the proper class of required goods and services. A Trademark Attorney can assist... View More

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3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
Felicia Altman
Felicia Altman
answered on Sep 26, 2023

A mark can be registered in various classes of goods and services. In order to review if a mark you are interested in is registered you must search the USPTO in connection with the particular goods and services you are looking to use the mark in connection with. A mark could be abandoned in one... View More

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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 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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