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Questions Answered by Ali Makoui
2 Answers | Asked in Trademark for North Carolina on
Q: Can I trademark my brand name and logo with USPTO

Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.

Ali Makoui
Ali Makoui answered on Nov 1, 2021

There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products.... Read more »

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2 Answers | Asked in Trademark on
Q: Is it okay to use "Etched" as a brand name?

We are looking to start a brand called "Etched", however, we noticed that Etched was already trademarked. We would be selling stationery supplies (journals, notebooks, sketchbooks, etc.). It appears the trademark is for clothing items, but we wanted to make sure it was okay before jumping... Read more »

Ali Makoui
Ali Makoui answered on Oct 20, 2021

Trademarks are used to identify the source of goods and services and may be rejected if they cause consumer confusion as to the source of those goods and services. Your trademark application may be rejected if it is confusingly similar to an existing mark for similar goods and services. Your mark... Read more »

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2 Answers | Asked in Trademark for California on
Q: Can I file a trademark for a brand with an apostrophe? For example O’NEILL brand has a apostrophe after the O.

An apostrophe is used but not necessarily to indicate a plural.

Ali Makoui
Ali Makoui answered on Oct 20, 2021

You can include an apostrophe or any other punctuation marks in your trademark as you wish.

However, don't add it just to distinguish your mark from an existing mark that doesn't have an apostrophe. The punctuation marks generally do not significantly alter the commercial...
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2 Answers | Asked in Trademark for Florida on
Q: If a company has a word trademarked for a certain area, like clothing, is it okay if I use the term for a beauty line?

I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?

Ali Makoui
Ali Makoui answered on Sep 29, 2021

Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)

Ali Makoui
Ali Makoui answered on Sep 29, 2021

When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the... Read more »

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