If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.

If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.

If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.

If you write a code that solves a technical problem in a different way, and... View More

Yes, you may be able to fight the registration if you were using your name before they did.

You should talk to a trademark attorney on what steps you need to take to preserve your rights, and possibly invalidate the other person's trademark registration.

An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as... View More

Yes, special characters can be incorporated into a trademark.

This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to... View More

It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.

I think you can use any product you buy as an ingredient in a food product, especially if it is your own recipe. As to calling the final product the same name, you me get yourself in trouble there, as the name may be trademarked.

None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.

Learn all about it: https://www.uspto.gov/trademarks-getting-started/trademark-basics

The trademark registration lists what is claimed as a feature of the mark. Look in the Mark Drawing Code and the Description of the Mark sections of the registration. Keep in mind that many companies have multiple registrations. Even though one trademark may claim on the logo, there may be... View More

Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to... View More

In order to change the owner of an existing trademark, the usual process is to prepare an assignment agreement. The assignment agreement then has to be recorded with the US Patent and Trademark Office. However, be VERY careful when attempting to assign an active trademark. If you do not transfer... View More

In short, no. What you're talking about is a design patent, which is a limited duration property right relating to an the unique look of the clothing and not the clothing itself. If the apparel/product has truly unique functions to it, you could also patent those functions with a utility... View More

A trademark attorney would need to review all the facts to determine if you can register the trademark. The fact the trademark has been abandoned alone is not enough to know you can use the trademark. It would be helpful to know what goods or services were claimed, what goods or services are... View More

Yes, it is illegal. Trademark infringement is not excused by disclosing that the goods are counterfeit.

I do not see a patent aspect to your question. Presuming you are selling hats or balls. If so, it is unlikely that patents are in place. Certainly not for all items associated with MLB or NFL. This sounds like a trademark question so you may want to repost your question there.

Most... View More

You should retain counsel to review the facts including intestate and testate issues. Generally, adoptees can take through intestate succession in the same manner as naturally born children. Prob C §6450(b). However, if there is a question regarding legal adoption you should have your counsel... View More

Short answer: yes. The rule for analyzing infringement is to first correct any spelling errors or unusual spellings before doing the analysis. So, for example, "shooze" would first be converted to "shoes," and "2legit" would be converted to "too legit."... View More