Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name]... Read more »
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.
I've been asked to take down a product on my art shop that is listed as "The Boston Marathon" apparently that text or logo is trademarked by the baa. I do not use any of their logos or trademarks on my product, just describe the product as the Boston Marathon. Am I still infringing... Read more »
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.
I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?
I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »
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...Read 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...Read 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...Read more »
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.
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...Read more »
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...Read 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.
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