I would be careful about doing that. The question would be whether you are creating an impression of affiliation with the previous trademark owner or confusing the public as to the source of the goods.

You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

No. Trademark rights are based on use, not USPTO registration. So, you will need to make sure no one has used the mark in a confusingly similar manner prior to your use before you proceed. I have a video on this topic on my website.

No. The title implies and endorsement. So, you need to get permission from the owner of the skittle trademark.

I'm not sure what your question is.

The standard for infringement is the likelihood of confusion.

The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... View More

You must file a patent application if you'd like a patent. I could certainly help you with that, as I have specific experience working with Montanto and Scotts in this area.

Because I'm familiar with how long the regulatory process takes, it's likely that patent protection... View More

Unless you request expedited prosecution, you will wait about 18 months after you file a patent application before your application is examined. The typical prosecution phase is about 36 months. The best way to move it forward is to respond to USPTO office actions as soon as possible. You get 6... View More

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... View More

Generally speaking, no.

You should hire an attorney who uses technology. I can definitely help you file your application.

Varies.

I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.

Trademarks protect the indicia of the source of goods. So, yes.

You should only include one trademark per application. The test for infringement of a trademark is the likelihood of confusion. So, if blue moon were registered, it's very likely that the other words/phrases you suggested would also be protected. If you protected blue moon, it protected in... View More

The law is a bit hard to follow. The answer is, it depends. In general, the first to use has superior rights, not the first to register. Here it is:

1. The first to use the trademark (continuously and currently) has the right to a trademark.

2. If there is a prior user that has... View More

Maintenance fees are required in order to keep a patent alive. Looks like they weren't paid, so there is no patent.

I agree that you should consider a design patent. But, there might be issues with coverage for improvements or changes. The standard for infringement of a design patent is that an ordinary observer determines that the patented design is “substantially similar” to cited prior art. The... View More

You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.

I provide... View More