Not necessarily as the owner may be still be using it and claiming common law rights or even excusable non-use prior to reapplying. Having a trademark search and legal analysis conducted should provide you with a much better idea though. Feel free to call or email with any further questions.
Yes, indeed! Both are completely separate and have no connection in this context. However, you may want to eventually assign the trademark registration from the individual owner to the LLC. If you have any further questions, please feel free to call or email.
Actually, it's a fairly simple process if you're still within the 6 mos. 'grace period' following the sixth anniversary from your original date of registration. In addition to filing the Sec. 8 affidavit, you would submit an extra $100 per class. But if you have any further...Read more »
Unfortunately your question is unclear. If it's an existing trademark registration and you've already negotiated for an assignment of rights, then an assignment agreement should be executed and recorded with the USPTO. However, if you're inquiring about a registration that is no...Read more »
Unlike domain names which are based on identicality (i.e. they're either available or they're not), trademark law is much more nuanced. For instance, there could be a likelihood of confusion if both marks are similar in appearance, sound, or even meaning. Per your example, adding a space...Read more »
Well, unless you have a federal registration and it's considered a 'strong mark' then you'll be relying on common law rights, which are limited geographically. Conducting a trademark search to assess your rights is recommended as the first step, and then you could consider...Read more »
Well, depending on when the mark was registered, it's either a Sec. 8 affidavit, which people often incorrectly refer to as 'renewals' or the combined Sec. 8/Sec. 9. Filing the initial Sec. 8 occurs between the 5th and 6th anniversary from the date of registration, while the Sec....Read more »
While the inclusion of design elements may help distinguish your mark, there still could be a likelihood of confusion and potentially a merely descriptive refusal. So you'll also need to consider the relative strength of the mark based on the goods/services being identified and whether any...Read more »
While the inclusion of design elements could help distinguish your mark, there still could be a likelihood of confusion and potentially a merely descriptive refusal. So you'll also need to consider the relative strength of the mark based on the goods/services being identified. Commonality is...Read more »
Most likely not as that could be considered a 'famous trademark' with an existing registration. But for a greater level of certainty, you may consider requesting a full trademark search and legal opinion. Please call or email with any further questions.
I am blogger trying to register my new blog name. I just need an opinion for new my blog name ("techaimer"). Please advise whether i can register this name (www.techaimer.com) . Please advise on the same.
Assuming the trademark in question has a valid registration with the USPTO, we would then prepare an assignment agreement for execution and recordation, transferring ownership and goodwill between the respective parties. Please call or email if you need further assistance.
Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to...Read more »
Well, 041 is a service mark class, which usually implies publication of books for others. And then you would need to submit proper specimens in support of such use. So CL 016 may be more applicable in this case. But I'd prefer to see everything before providing a definitive opinion. Feel free...Read more »
Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check...Read more »
While that's a catchy name, to be absolutely certain I'd recommend having a thorough USPTO search conducted at the very least to make sure the name isn't in conflict with any pre-existing trademark registration(s) or application(s) for related services. And then you may consider...Read more »
Depending on the date of abandonment, you may still be within the grace period and eligible to file a Statement of Use or request for extension of time, depending on whether you have already established interstate commerce. However, if the grace period has already expired, I would recommend...Read more »
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