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California Trademark Questions & Answers
2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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0 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can you use river rat poker with out trademark infringement?

Can I sell poker apparel with the name river rat or river rats?

1 Answer | Asked in Trademark for California on
Q: can you trademark a smile ( two dots for eyes over a U) with the word revel
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2021

Maybe

It depends on the use and differentiation to other marks.

Consult with an attorney.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Consumer Law, Internet Law and Trademark for California on
Q: Can I sue Alibaba or the supplier in China

I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... Read more »

Ian Pike
Ian Pike answered on Dec 9, 2021

As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an... Read more »

2 Answers | Asked in Trademark for California on
Q: Was interested in using R2D2 as a part of a business name would that be going to be violating the trademark of R2-D2.

looking up the trademark site its showing as R2-D2 as being trademark but not sure if not using the - make a difference

Robert Kost
Robert Kost answered on Nov 17, 2021

Hello,

Just to answer the narrow question, whether the "-" makes a difference, I'd say: probably not. A federal trademark will generally cover minor (and sometimes significant) variations in spelling.

On the larger question whether you should use it, I'd say...
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1 Answer | Asked in Trademark for California on
Q: I need to renew a trademark, SMILING ROCKS by Nov. 22 & was also wondering about the evidence of use requirements. TY!

I was more involved in the use of the mark in years past. I then shifted my energy to other parts of my business, Faux Rock Contractor, and didn't renew my domain which is now held by a diamond jewelry company. They are also seeking to file the same trademark, SMILING ROCKS as well. Just... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 8, 2021

You need to consult with an attorney to understand your options.

3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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2 Answers | Asked in Trademark for California on
Q: Can I file a trademark for a brand with an apostrophe? For example O’NEILL brand has a apostrophe after the O.

An apostrophe is used but not necessarily to indicate a plural.

Linda Liang
Linda Liang answered on Oct 20, 2021

It depends on what industry you are in and whether it is closely related to O'Neill's products sold under this trademark.

If an average consumer could possibly misunderstand your product as from O'Neill's, using the trademark could constitute infringement of trademark right.

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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

1 Answer | Asked in Trademark for California on
Q: Can I trademark a phrase that has similar words with another filed trademark? The only difference is two new letters.

My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Probably, it may be risky. You need a consult to review your options and risks.

2 Answers | Asked in Trademark for California on
Q: How do I go about changing the address on our trademark information?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

You need to consult with an attorney so we can file a petition to update address

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2 Answers | Asked in Trademark for California on
Q: I want to name my new company "Quest vans" however I see that there is a trademark for "Van Quest" is that legal?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 20, 2021

very likely not. It will depend on the specific use.

You need to consult with an attorney.

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2 Answers | Asked in Trademark for California on
Q: I am starting a business called “Feng Shui Box” but it looks like “Feng Shui in a box” is trademarked. Is that ok?

My business is a subscription based box that I plan to sell on sites like cratejoy. Every month will be different feng shui tips/tricks and products.

Evelyn Suero
Evelyn Suero answered on Aug 16, 2021

Using a trademark already registered and in use by another business for the same class of goods or services could be deemed trademark infringement. Consult with an attorney to determine your options.

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1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... Read more »

Omar Darwich
Omar Darwich answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

2 Answers | Asked in Trademark for California on
Q: How to I reactivate/ bring my trademark back to life?

I am the original owner of heart headed and I want to finish filing my trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

Depends

If it was abandoned you have to file again

If it is still in process you need to respond and complete the requirements

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