When filing bankruptcy, you must list all assets you have. This not only includes real property (house), but also personal assets including furnishings, clothing, jewelry, cars, etc. In addition, you must also list any other assets you have an interest in - which would include trademarks,... View More

The one thing you need to keep in mind is that, while registration is important, the rights to a trademark arise from the actual use of a mark in commerce in conjunction with particular goods and/or services. As such, you will need to be careful to determine whether or not they are using their... View More

Possibly so, depending on what goods/services the registered trademark is associated with. The central question is whether there is a likelihood of confusion, not necessarily whether the classes match. It is best to consult a trademark attorney to determine if your poster infringes.

You likely can. If their use of your trademark interferes with your business it would seem there is a likelihood of confusion between the two companies' trademarks. Before pursuing them it would be best to have an attorney ensure the other company does not have any prior rights in the... View More

These words could be registered as trademarks, but not for what each literally describes.

Using another business' name to make money is often a violation of trademark laws. But the answer to your question will depend on the specific facts at issue. For example, Coca-Cola's name and trademark are so well known throughout the world, it would be difficult to think of a situation... View More

YouTube videos would be copyrighted, not trademarked, so you wouldn't use either one of those symbols.

The standard that applies in all possible infringement analysis is always whether or not there is a reasonable likelihood of confusion as to the source of the goods and/or services. So, if consumers see air fresheners that resemble beer hops, is there a reasonable likelihood that they might be... View More

This is a duplicate question from your other question. See my answer there.

There is no registration for VIERBIKES, so a trademark examiner would not likely deny your U.S. federal registration for VEER. (They generally only search for other trademark registrations, not whether there are other businesses in existence.) However, there are many marks registered as VEER, and... View More

Although it might seem like an abandoned trademark is fully available for you to have, it may not be. Sometimes a trademark becomes abandoned because the owner forgot to file one document. It is possible to revive an abandoned trademark if the owner pays a fee and files the right document within... View More

The answer is it depends. If the person who owns the product and product name claims trademark rights to the product name and your name is substantially likely to cause confusion in consumers' minds as to who produced the product, then you would be infringing on the other person's... View More

IF you are talking about a federal registration with the USPTO, then an indication of abandonment for failure to respond usually means that an office action was issued and not responded to during the time for response. An office action is correspondence from the PTO raising a problem of some sort... View More

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration.... View More

The value of a trademark arises from its use in conjunction with a specific set of goods and/or services. The relationship between the mark and the goods/services is critical. For this reason, the same or similar marks CAN coexist in the market, so long as the coexisting usage is not reasonably... View More

Is your question how to find a different buyer other than the one that is offering to currently buy your trademark?

You likely need a business broker for something like that.

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.

A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair... View More

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More... View More