Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Felicia Altman
4 Answers | Asked in Intellectual Property for Illinois on
Q: How can I get to continue with my application after considered abandoned for not replying on time? Sailreddy

This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application

Felicia Altman
Felicia Altman
answered on Sep 2, 2024

If the delay was unintentional and was not due to fault of your own you can petition to revive the application. However, if you missed the deadlines and warnings of the filing needed to be renewed you will need to file a new application with the USPTO.

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hello I have question about status of a trademark

The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success.

Felicia Altman
Felicia Altman
answered on Dec 5, 2023

If the trademark was cancelled due to failure to file a successful continuance of use the trademark is no longer active with the USPTO. In order to regain rights in the trademark a new application is required to be filed for ownership of the mark.

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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.

View More Answers

5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

Felicia Altman
Felicia Altman
answered on Apr 3, 2023

There are many different trademark classes that your game may qualify for depending on if its a card game, board game, computer game etc. In order to properly file your trademark with the USPTO you should contact a trademark attorney or an attorney lead trademark consulting/ filing service.

View More Answers

5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Felicia Altman
Felicia Altman
answered on Mar 28, 2023

It is likely the trademark application will be refused due to likelihood of confusion. You should consult with a trademark attorney or filing service to conduct a search and review the similar mark in detail.

View More Answers

3 Answers | Asked in Trademark for California on
Q: How do I register a trademark for my services. Can I apply for the "Dog Diva"

I need the steps.

Felicia Altman
Felicia Altman
answered on Feb 20, 2023

You should consult a trademark filing service or attorney to assist with conducting a quick search and filing the mark for protection.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.