answered on Jun 27, 2020
After reviewing the abstract online that appears to be the case:
2002-11-26
Application granted
2019-11-26
Anticipated expiration
Status
Expired - Lifetime
Basically, it's a 17 year grant of exclusive rights from the 11/26/02 date of... View More 
answered on Jun 26, 2020
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
A registered trademark will remain registered to the owner company forever? or it needs to be renewed?
if it expired, can someone else register its ownership? and can we know if a trademark is expired?
answered on Jun 26, 2020
Yes, unlike patent and copyright registrations, both having clearly-defined expiration dates, trademark registrations can theoretically last forever as long as use is continuous. However, the trademark owner must file maintenance documents at regular intervals to demonstrate ongoing use: six years... View More
An old friend tried to trademark our brand for us but we have not been able to contact him for a long time now. So I wanted to take ownership of the trademark.
answered on Jun 25, 2020
If the trademark is currently listed as 'abandoned' in the USPTO database, you should confirm whether this is due to a failure to respond to Office Action, and if so, whether your application may encounter similar issues with the TM Office. However, if it's not being used then common... View More
I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?
answered on Jun 25, 2020
Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you... View More
answered on Jun 25, 2020
First, you should identify which type of goods/services are being used in connection with the name. You'll also need to use the name for offering and sale of said goods/services across state lines on a continuous basis. Next, you'll probably need to amend to the Supplemental Register,... View More
I work at an Information technology company named Intalio. We would like to register the Intalio trademark, and confirm if we can register one of our product names previously owned by another company that we acquired.
answered on Jun 24, 2020
Trademark registration is the next step, and there are many excellent attorneys on Justia. Our firm has filed over 5,000 applications with the USPTO, so we're currently ranked #5 in the world. So please feel free to call or email if you're interested in discussing this further.
Hello,
I am interest to request at USPTO an update for trademark ownership. Assignation of ownership was made and is displayed correctly but on the TDSR page is not updated.
Being outside of US I need an attorney who can submit the request.
Can you help me with this? If yes... View More
answered on Jun 22, 2020
Thanks for your message, Stefan! Please provide the registration #, and I'll begin looking into this further.
This is just an analogy for the situation, but I was wondering if I did formally trademark my name first would that pose an issue or could I get a DBA to avoid this issue or should I just rename the business altogether? Thanks!
answered on Jun 19, 2020
Well, the other side could claim prior common law rights, limiting your federal registration geographically. Also, you should consider whether or not the relevant goods/services are related to your own.
This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... View More
answered on Jun 15, 2020
Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
