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answered on Nov 3, 2023
LET THERE BE LIGHT is a registered trademark used for ministerial services and candles, and is registered as a slogan used by the University of California for educational services and merchandise; there is also a pending application to register LET THERE BE LIGHT for decorative lighting.
If... View More 
Hi, in California. I plan on opening an LLC for affiliate marketing purposes.
1. Does my LLC name need to match my website names that are for affiliate marketing purposes? (two different websites for two different affiliate marketing campaigns, clothing and technology).
2. Do I have... View More
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answered on Oct 24, 2023
The LLC name does not need to match the web domain names. Neither must you record fictitious name statements for the specific sites. It is true that fictitious name statements recorded with counties in California are publicly available, but not of concern if you are not recording any. Whether you... View More
I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More
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answered on Oct 22, 2023
The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.
If the design you created is being used on merchandise or related materials such as advertising,... View More
I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More
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answered on Oct 21, 2023
This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More
i want to know if i can file a trademark for one particular item for sale on my website page
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answered on Oct 14, 2023
If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration
The word Mopar is a trademark of the Chrysler corporation
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answered on Oct 14, 2023
This would be non-infringing of the registered trademark, as the mark is merely being used to identify the trademarked products. This is "nominative fair use" and is not an infringement if (1) the product or service in question is not readily identifiable without use of the trademark, (2)... View More
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answered on Oct 12, 2023
If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More
My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More
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answered on Oct 5, 2023
This is a trademark question, not copyright. It is certainly permissible to state that you were formerly known by another name (trademark) if it is factually true. It is not objectionable that you distinguish the prior use, because that avoids the likelihood of confusion. Promoting confusion is the... View More
I'm starting a business in the supplement industry and I want to know how to protect my brand name and logo.
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answered on Oct 3, 2023
You should consult an experienced trademark attorney to assist in choosing a trademark before committing to its use, if you have not already, for some assurance it is not confusingly similar to another already registered. The attorney will file an application to register the mark in International... View More
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answered on Sep 28, 2023
This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.
No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.
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answered on Sep 27, 2023
There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More
Years ago I wrote a screenplay based on a self-published novel by a friend of mine, with her permission and minor collaboration. The lady has since passed away. Her heir says that the lady willed her copyrights to someone else but she does not know whom. Records still list the original author as... View More
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answered on Sep 20, 2023
It is not essential that you identify the current owner of the copyright in the novel, but if you desired to do so, the best resource would be the probate records for the novelist's estate and/or a copy of the will. Your screenplay is an original work of your own authorship, with the... View More
I claim to be the original Bruce Wayne.
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answered on Sep 17, 2023
Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More
I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?
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answered on Sep 16, 2023
The accusation of "prolix evidentiary averments" is quite unusual and at most could result in the court's requiring the complaint to be amended, not dismissed. But if the complaint itself is not padded with excess evidentiary matter, and the over-abundance is in the exhibits, it is... View More
I recently contracted Trademark Pioneer to file a trademark for my business name. They claimed I need 5 different classes and I stupidly agreed and paid them for the 5 classes. After I paid them and filled out the paperwork I didn't hear back from them for over a week. I did some research on... View More
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answered on Sep 15, 2023
You definitely should terminate the pending application and re-file with a reputable trademark attorney. Trademark Pioneer is/was a notorious scam, you were an unfortunate victim. But they cannot "steal" your trademark, as ownership depends on usage and you have priority of use if challenged.
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answered on Sep 11, 2023
The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More
I sued them in Stanley Mosk Courthouse, they filed a motion to remove it to federal court.
In Stanley mosk, I sued them for intellectual property theift. It was possible to sue even without registering the pictures as it wasn't the district court.
The defendants lawyer claim... View More
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answered on Sep 10, 2023
The claim could be brought under the California state law prohibiting the unauthorized use of another's name, voice, signature, photograph or likeness on products or merchandise or for the purposes of advertising or promotion. The copyright claim does require registration prior to suing for... View More
I am wondering if I can use this slogan of
home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?
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answered on Sep 10, 2023
Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More
I am not sure when my trademark expires?
I am wondering the cost of renewing my trademark?
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answered on Sep 8, 2023
The mark K KINKASSAGE (and design) was registered on 08/12/2014, and the required maintenance filing to show continuing use was accepted in 2020, extending the registration to its full ten-year term. To renew the registration for an additional ten-year term, its owner must submit proof of... View More
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