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California Trademark Questions & Answers
Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... View More

3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can this company with a slightly different name sue me for trademark infringement?

I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?

I’m based in Los angeles, CA and my business is a artist agency - Their business is based... View More

Eugene Vamos
Eugene Vamos
answered on May 9, 2023

Likelihood of confusion exists between trademarks when s) the marks are so similar and b) the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.

Because the marks are basically identical, the evaluation turns...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: We make our own card game but when you click on our store page, we also have competitor's card games for sale, is ok?
James L. Arrasmith
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answered on May 7, 2023

Yes, it is generally okay to sell your own card game alongside competitors' card games on your store page. As long as you are not infringing on any copyrights or trademarks of the competitors' games, you are free to offer them for sale. It is common for retailers to offer a variety of... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Can I use the Loteria trademark on my products?

I would like to use the lotteria icons on balloons and computer accessories

James L. Arrasmith
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answered on May 3, 2023

It is important to note that trademarks are valuable assets and owners of such trademarks have the exclusive right to use and license the use of their marks. In the case of Loteria, it is a registered trademark owned by the Don Clemente, Inc. Therefore, the use of the Loteria trademark on your... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use “adventure awaits” on a shirt or bag?
James L. Arrasmith
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answered on Apr 30, 2023

The phrase "adventure awaits" is a common phrase that is not trademarked, so it is generally considered to be in the public domain and available for general use.

However, it's important to note that certain designs or graphics that are used in conjunction with the phrase may...
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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Could I trademark a name that is not trademarked but that person has added their name to the same phrase?

I was wondering about a very confusing situation for me. Say my DBA name is colorful tees(not real name) but the name is not trademarked. After searching Google, I found someone else is using it but it's named "Colorful Tees by Diane" I registered the website three years before this... View More

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

A trademark is something that distinguishes the "source" of particular goods and services from other sellers. Generally, when a term used to market products or services merely describes those products or services, it fails to function as a trademark because it lacks distinctiveness.... View More

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2 Answers | Asked in Stockbroker Fraud, Trademark and Wrongful Death for California on
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help

Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 23, 2023

you must clarify what you are asking.........

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Q: Davidsons Invent stole my invention and idea and then marketed it and has it on the back shelf at Home Depot can I sue ?
James L. Arrasmith
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answered on Apr 12, 2023

As per California law, if you believe that your invention and idea have been stolen by Davidson's Invent and marketed without your consent, you may have grounds to file a lawsuit for intellectual property infringement. However, whether or not you have a valid case against Davidson's... View More

1 Answer | Asked in Intellectual Property, International Law and Trademark for California on
Q: How to protect an original product category name for future trade alliance use while gathering feedback?

I've developed a unique name for a new product category in the fast-moving consumer goods industry. The name is entirely original and doesn't exist in any language. My goal is for this trade name to be protected by a future trade alliance, allowing members and non-members alike to use it... View More

James L. Arrasmith
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answered on Apr 9, 2023

One way to protect the intellectual property of your product category name during the feedback process is to use a confidentiality or non-disclosure agreement (NDA) with anyone who provides feedback or opinions on the name. This agreement should outline the terms and conditions of keeping the name... View More

1 Answer | Asked in Trademark for California on
Q: Has anyone Trademark COCO ?
James L. Arrasmith
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answered on Mar 28, 2023

Yes, the trademark "CoCo" has been used by several companies for different products and services. One notable example is the Radio Shack Color Computer (CoCo), which was a series of home computers released in the 1980s. The CoCo was popular among hobbyists and enthusiasts and was used for... View More

1 Answer | Asked in Trademark for California on
Q: Has anyone used the trademark CoCo ?
James L. Arrasmith
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answered on Mar 28, 2023

Yes, the trademark "CoCo" has been used by several companies for different products and services. One notable example is the Radio Shack Color Computer (CoCo), which was a series of home computers released in the 1980s. The CoCo was popular among hobbyists and enthusiasts and was used for... View More

1 Answer | Asked in Trademark and Copyright for California on
Q: Can I use trademarks in book content?

I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?

James L. Arrasmith
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answered on Mar 4, 2023

It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.

In general, using a trademark...
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2 Answers | Asked in Intellectual Property and Trademark for California on
Q: I would like to use "Sous Le Soleil" as a brand, i saw that "Sous Le Soleil Exactement" was trademarked but abandoned.

Could I use that brand name anyways or no?

Evelyn Suero
Evelyn Suero
answered on Mar 1, 2023

An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... View More

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1 Answer | Asked in Employment Law, Immigration Law, Business Law and Trademark for California on
Q: I'm an Undocumented. Am I able to Apply for LLC to start a business to hire a Documented person or not ??

I am an former Afghan official, Due to the situation in Afghanistan came to the US via Mexican border with illegal entry, but have paroled via Department of Homeland Security that expired and applied for renewal.

Now i have the financial Ability to start a business, am i able to get an LLC... View More

James L. Arrasmith
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answered on Feb 20, 2023

As an undocumented person, you may be able to apply for an LLC and start a business in the United States, as there is no citizenship requirement for owning or operating a business. However, you may encounter challenges related to licensing, permits, and other legal requirements.

When it...
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3 Answers | Asked in Trademark for California on
Q: How do I register a trademark for my services. Can I apply for the "Dog Diva"

I need the steps.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 19, 2023

There is not currently a federal registration or application to register DOG DIVA for any services, but there are two registrations with the words DIVA DOG which might be considered "confusingly similar" depending on the nature of the services you provide.

DOG TALK DIVA DOG...
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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: I would like to trademark “MAMA’GER” what is the cost to do this ?
James L. Arrasmith
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answered on Feb 20, 2023

The cost to register a trademark for "MAMA'GER" will depend on several factors, including the type of trademark application you file and whether you use an attorney to help you with the process.

The United States Patent and Trademark Office (USPTO) offers different types of...
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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I get a trademark on an item if it expires with the previous owner

If they forget to keep up on their retrademark can I slide in and own the design?

Felicia Altman
Felicia Altman
answered on Feb 13, 2023

If a trademark expires and it is no longer registered with the USPTO a new application can be filed for the same mark and granted by the USPTO. Generally, the USPTO gives a 6 month grace period to a mark before marking it as abandoned by the owner.

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
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1 Answer | Asked in Trademark, Business Law and Legal Malpractice for California on
Q: Do I need to register my virtual law firm?

I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?

James L. Arrasmith
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answered on Feb 20, 2023

If you plan to operate your virtual law firm from California, you may need to register with the California State Bar as a foreign legal consultant or form a professional corporation (PC) or professional limited liability company (PLLC) in California. The specific requirements may depend on the... View More

1 Answer | Asked in Trademark and Business Law for California on
Q: I want to get bought out of a company but if I can’t would it be appropriate to file a company trademark under my name

Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?

Robert E. Wasserman
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answered on Jan 13, 2023

Short answer: No.

Under 15 U.S. Code Section 1051:

(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by...
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