Pomona, CA asked in Trademark for California

Q: I, Edwin see a phrase on a website and I would like to put a Trademark. Can I just Register the Trademark?

Trademark/Phrase not Registered and would like to take over?

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2 Lawyer Answers
Robert P. Cogan
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Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: Filing a trademark registration application requires actual use of the mark on goods or service OR a sincere intent to use the mark in the foreseeable future. It is a good idea to consult an attorney to see if "taking over" the trademark will meet your business objectives.

Enrico Schaefer
Enrico Schaefer
Answered
  • Trademarks Lawyer
  • Traverse City, MI
  • Licensed in California

A: Is the phrase on your website? Or someone else’s? If it is a phrase that is linked to a product or service that you provide then you can typically trademark the phrase or slogan. If you want to reserve it you can file in intent to use trademark putting a marker down. You will have one year to file a statement of use. If this is someone else’s phrase and relates to someone else’s products and services

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