Typically, the TM Office will look for anything that's potentially similar in appearance, sound, foreign equivalence, or even meaning. And that's especially the case for marks that are distinctive or somewhat distinctive. So unless your goods/services are totally unrelated and there are... View More

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and... View More

While flags, coats of arms, and such are not eligible for federal TM registration in the U.S., unless modified under certain conditions, use as an unregistered logo may be acceptable as long as you're not infringing on something identical or similar that's already in use for related... View More

Well, that really all depends on the relatedness of goods/services and whether the other mark has truly been abandoned or whether the owner is still maintaining common law rights through continued use. If not, your business may be gaining a valuable asset that has already developed goodwill in the... View More

Trademark registration is country-specific with each typically having its own TM Office. In North America for instance, there's the United States Patent and Trademark Office and the Canadian Intellectual Property Office. Prior to 2003, it was necessary to apply separately in each country... View More

After thoroughly reviewing your records at the USPTO, it appears that you'll need to file a Section 8 Affidavit rather than a 'renewal'. You'll also have the opportunity to include an optional Section 15 Affidavit for acquiring 'incontestable status'. Your updated... View More

Well, first off: sorry for your loss. If it's a federal registration that has been abandoned, there could be a 'grace period' for revival. But unless you were in business together, claiming continuous use in commerce could be difficult, unless there's excusable non use. If... View More

LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant... View More

Well, this is a trademark question, and federal registration could be available for the specific goods in question. In approving the application, the USPTO did not deem the wording 'generic' and ineligible for registration. Nor did the TM Examiner find it 'merely descriptive'.... View More

Please note that terms deemed 'generic' are not eligible for trademark registration. And 'merely descriptive' terms must be disclaimed. So depending on the context of use, your rights could either be limited or non-existent. Feel free to call or email if you're interested... View More

Trademark rights are acquired through use, so if you're selling goods or services in connection with that logo, you may be able to claim common law priority within certain geographic areas should someone later attempt to federally register a similar logo for related goods or services. However,... View More

Trademark registrations typically take 8-10 mos. for approval with the USPTO, or possibly longer should there be Office Actions, inter-partes proceedings, Statement of Use filings, extension of time requests, etc. Conducting a thorough search of the database, including file history should be the... View More

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

If the trademark is currently listed as 'cancelled' in the USPTO database, you should confirm whether this is due to a failure to respond to an Office Action or even an inter-partes proceeding, and if so, whether your application may encounter similar issues. However, if it was cancelled... View More

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

Under the first sale doctrine, the buyer has the right of re-sale, display, distribution, etc. However, unless it was created as a work made for hire, or as a commissioned work with assignment of copyright, the original copyright will remain with the artist.

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

Well, that can all be established by having a thorough TM search conducted, although whether the mark is still in use could be more difficult to ascertain. Hence, the possible existence of common law rights. Typically, 'abandoned' means just that for federally-registered marks, but please... View More