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I would like to trademark mainly in the US and Europe, maybe even international. I just need clairfication if the trademark is possible to get.
answered on Nov 20, 2024
There are US registrations for MODELLA used on software in class 009, and on travel bags in class 018, but not for apparel in class 025 or store services in class 035. Most likely this mark can be registered for the uses you propose.
My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More
answered on Oct 30, 2024
Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the... View More
I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?
answered on Oct 11, 2024
There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More
answered on Oct 2, 2024
This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
answered on Sep 3, 2024
The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More
I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More
answered on Aug 30, 2024
Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More
answered on Aug 28, 2024
This is a trademark matter, not copyright. Neither ACE OF BASS nor ACE OF BASE is currently registered as a trademark for entertainment services (or anything else), and there would be no likelihood of confusion that your DJ services are the same as the band's. The essence of a trademark... View More
My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More
answered on Sep 1, 2024
There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More
I need to make this trademark active Glitzissippi
answered on Jun 4, 2024
There are two abandoned applications for the word mark GLITZISSIPPI. The one for ballet shoes was abandoned in 2015 for failure to respond to an office action. The other for entertainment services was abandoned in 2014 after a notice of allowance because no statement of use was submitted. Neither... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
answered on May 25, 2024
US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.
Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.
answered on May 6, 2024
There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.
A video game would be in IC009, and although... View More
This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More
answered on Apr 30, 2024
The public copyright catalog shows assignment in 1979 of the copyright in 122 titles including Eppleton Hall, from Howell-North Books to Leisure Dynamics of California, Inc. California records show that Leisure Dynamics' authority to do business was suspended in 1979 for failure to pay state... View More
It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?
answered on Apr 10, 2024
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More
answered on Mar 19, 2024
There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More
ACADIGM
answered on Mar 4, 2024
Registration No. 2745216 for the mark ACADIGM was cancelled in 2012 for the owner's failure to submit proof of continuing use in the sixth year after registration. No other application to register ACADIGM is pending. If the owner's use has continued, a new application should be filed... View More
Hi! my name is Katerina,
I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm
Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More
answered on Feb 26, 2024
The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More
I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.
answered on Jan 22, 2024
To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More
I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?
I would... View More
answered on Jan 15, 2024
The concern is with trademarks, not copyright. You should consult an experienced trademark attorney to review your plan, research existing marks and assist with the selection of a mark that you will be able to register for exclusive use in the relevant market. If the game will be distributed in... View More
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