I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »
There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE eligible to play....Read more »
I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel, which is... Read more »
If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be...Read more »
A key factor in determining Trademark infringement is whether there will be “likelihood of confusion with an existing registered mark.” Based only on the facts you’ve provided, the issue here isn’t so much Hasbro has carts Blanche claim to any multi-word mark using Monopoly + another word,...Read more »
There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: firstname.lastname@example.org
Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and places...Read more »
This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service...Read more »
This person & I been living as husband & wife for 19 yrs. Together for 20 yrs. He inherited the building 10 yrs ago free & clear. He fail to follow through with marriage as promise with an engagement ring from the start 19 yrs ago. A breakup looms in the future. I am Medicare/Med-cal & I would... Read more »
This is a very complicated issue which requires significantly more in depth analysis and review than can/should be provided in a free Q&A forum such as this. I would strongly advise you seek counsel from an estate attorney.
If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.
Yes - if you are not actually performing under that name yet a good practice is to file on an "Intent to Use" basis, until such time as you are actually using the name. If you can show that you are actually performing under the name now, you can skip the Intent part, and go right to registration...Read more »
I think you are confusing copyright with a trademark, as what you are describing sounds much more like you are looking to trademark the name of of your brand. In such a case, registration applications are filed with the US Patent & Trademark Office for the mark you are intending to use and protect....Read more »
I have heard that the copyright is automatic when I create my work and I would be using my name but I wanted to know if it is necessary to trademark it and copyright my work to have any protection or if it is enough to creeate it and use the symbol on the work without paying. Thanks
By law, a Common Law copyright is created the moment you put your work into tangible form (i.e. once you create an actual work, beyond just the idea in your head). If you have a copyrighted work, you are authorized to sue for damages if someone uses that work without authorization, however with...Read more »
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but...Read more »
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the...Read more »
The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct. The other... Read more »
In its most general sense, actual use of a potential trademark is what creates rights and priority over others. Thus, the rule in successfully registering a trademark is that ownership of a mark goes to the first-to-use, not the first-to-file. It is still important to get your application in as...Read more »
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