Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.

I do... View More

are you using the domain?

if you have a legitimate use, you can win a dispute over it.

obviously if they have the money, they can make your life very difficult.

Consult with an attorney so you can explore your options.

Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.

If you add the logo or something else, the mark being considered is no longer the... View More

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a... View More

I will defer to trademark attorneys on possible issues under trade dress.

However, if Apple has a design patent on the ornamental appearance of these earbuds, then you may be subject to suit for patent infringement.

For an introduction to patent searching --... View More

What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually... View More

The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce.

Depending on the situation, the trademark may be assignable to you

You should consult a trademark... View More

You should apply for a trademark application.

When considering an application for trademark registration, it is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the... View More

You should open a business and file the application using the business name. The business would own any trademark that issues.

Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

Trademark infringement occurs when a consumer is likely to be confused as to the origin of a product such that they assume the product comes from the trademark owner. The standard is a likelihood of confusion. The trademark owner would have a pretty good chance of blocking any synonymous phrases... View More

Only if you want to risk being sued by the other companies for Trademark Infringement.

Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so... View More

Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.

It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.

However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a... View More

No need to apologize, you posted to a legal question and answer forum, not a law firm, a lawyer in particular, or anyone who is even in charge of overseeing your trademark.

Depending on the circumstances of the abandonment, and the specific “oversight” you’ve mentioned, it may be... View More

This will be a question with variable answers depending on which attorney you consult. Fees will vary from attorney to attorney and also depending on what service level you request.

An attorney may charge separately from the actual application preparation, filing, and monitoring for an... View More

You'd just trademark it.

Maybe. It depends on whether your goods or services are in the same class as an existing trademark registration, and whether using the mark is or will cause consumer confusion. Even if not registered, common law infringement may also be a problem. I suggest speaking to a trademark lawyer and seek a... View More