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Questions Answered by William Scott Goldman
3 Answers | Asked in Trademark for Maryland on
Q: If the status code is stating “abandoned” does that mean it’s available for use again?
William Scott Goldman
William Scott Goldman answered on Jul 23, 2020

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.

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1 Answer | Asked in Trademark for Kentucky on
Q: Can you establish an LLC while you have a pending sole proprietor trademark application for the same business?
William Scott Goldman
William Scott Goldman answered on Jul 17, 2020

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.

3 Answers | Asked in Trademark for Georgia on
Q: What would I have to do to reinstate my trademark after it has been cancelled (Sec.8)?
William Scott Goldman
William Scott Goldman answered on Jul 16, 2020

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 »

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2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

William Scott Goldman
William Scott Goldman answered on Jul 15, 2020

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 »

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3 Answers | Asked in Trademark for Ohio on
Q: Does a trademarked name have to be spelled exactly or does it cover all versions of the word?

If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!

William Scott Goldman
William Scott Goldman answered on Jul 15, 2020

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 »

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2 Answers | Asked in Trademark for New York on
Q: I filed a trademark with my personal address. Is there anything I can do to remove/mask/hide my personal address?

I do not have a physical location for my business.

William Scott Goldman
William Scott Goldman answered on Jul 14, 2020

While a Voluntary Amendment can be filed, your original application will remain as public record. If you need any further assistance, please call or email.

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3 Answers | Asked in Business Law and Trademark for California on
Q: Somebody is selling goods using my mark. They claim to have been using it before I filled. What can I do?

I have sent out a cease and desist letter.

William Scott Goldman
William Scott Goldman answered on Jul 13, 2020

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 »

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1 Answer | Asked in Trademark for Maryland on
Q: How do i renew a trademark registration?
William Scott Goldman
William Scott Goldman answered on Jul 11, 2020

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 »

3 Answers | Asked in Trademark for Connecticut on
Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

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 »

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2 Answers | Asked in Intellectual Property for New Mexico on
Q: How do I assign my patent in aerospace to Airbus. This patent has the potential of revolutionizing air travel.
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

Well, if Airbus has expressed interest and you've already negotiated a purchase agreement, then one of the patent lawyers on this site should be able to assist with drafting the assignment.

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3 Answers | Asked in Trademark on
Q: I want to use word ladyboss but add other design register for trademark I was searching but it is taken is bad choose ?
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

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 »

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2 Answers | Asked in Trademark for District of Columbia on
Q: Can I register the Trademark "No Fear"?

I want to start a hat company and name the company No Fear. Can do I that?

William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

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.

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1 Answer | Asked in Copyright on
Q: I am raghu from India. Can i register my blog name as techaimer ?

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.

William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

Please provide further clarification: are you asking about domain name registration or trademark registration in the U.S. or internationally?

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, what is the process to transfer a trademark ownership? thanks
William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

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.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

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 »

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1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Would it be illegal to take inspiration from something trademarked by its company?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Please provide further clarification as I don't really understand the question...thanks!

2 Answers | Asked in Trademark on
Q: I am self publishing books through Amazon and want to put my trademark on my books. Would Class 41 cover me for that?

The imprint on the book is my name, so I am technically the publisher. But I am only providing this service to myself for my own books. Would "410024 publication of books" cover this situation?

William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

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 »

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1 Answer | Asked in Trademark for Kansas on
Q: I am creating the new tag line Client Focused. Results Driven. I found a trademark. Can I use it as I have written?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

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 »

1 Answer | Asked in Copyright for California on
Q: if I want to make a facebook group for auctioning off rock memorabilia can I call is Rockabilia?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

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 »

2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

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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