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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
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.
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
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.
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
i want to know if i can file a trademark for one particular item for sale on my website page
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
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
I'm starting a business in the supplement industry and I want to know how to protect my brand name and logo.
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
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
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.
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.
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
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
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
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
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
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... View More
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
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?
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
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.
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
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
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
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.
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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