Get free answers to your Trademark legal questions from lawyers in your area.
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answered on Jul 31, 2019
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... View More
answered on Jun 24, 2019
Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.
Before proceeding to attempt to register the same trademark, you should consult with... View More
answered on Apr 5, 2019
It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... View More
answered on Mar 24, 2019
You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.
I provide... View More
Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us
In where they asked if I wanted to submit my poems for potential entry into their... View More
answered on May 31, 2018
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
You don't need to indicate a... View More
The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.
And further more about how much would it cost to purchase something like that?
answered on May 14, 2018
Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have... View More
answered on May 7, 2018
You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.
answered on Feb 20, 2018
An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.
The key chains are all trademarked or copyrighted by companies like Marvel, DC, or other entertainment businesses.
answered on Dec 26, 2017
Yes, you are free to resell what you lawfully purchase.
answered on Sep 21, 2017
It probably means the proceeding to cancel a trademark has come to an end. Whether the trademark has been canceled or remains registered and enforceable is a different issue. If you would like more information about "dead" trademarks (including canceled ones), I have written a blog post... View More
answered on Sep 6, 2017
Depending on where you are in the process of using a trademark, you may have already acquired some rights in it. If you have your "brand" word and/or a logo design, and you are using them "in commerce" within your state, then under the common law, provided you are not... View More
The other company is also in another state.
answered on Aug 25, 2017
Can you? Certainly. the Georgia Secretary of State isn't going to search for companies outside of your state when you register your business name.
Should you? That depends on your tolerance for risk of a lawsuit. You would have to consult with an attorney in your state, ideally one... View More
answered on Sep 6, 2017
Generally, it depends on how unrelated the two products are. For a basic word mark, if company A sells lumber, company B should avoid using the same word to sell construction services or furniture because these may be natural extensions of company A, even though the products are different. If... View More
Per USPTO the trademark for Billionheir is owned by a person in Maryland. USPTO also shows that the trademark is dead/abandoned. I am aware that the name could be protected under the (TM). Is there a way to find out if this name is still being used? and if so where can I find this information?... View More
answered on Aug 8, 2017
To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.
The filing was originally done in NYC.
answered on Jul 31, 2017
Was this a state trademark filing or a national one? The renewal document for a NY state trademark is just called an "Application for Renewal," so your use of the title "statement of use" suggests to me that we are talking about a national trademark filed with the US Patent and... View More
A friend of mine is a fight promoter for a local boxing club. There is an admission charged to see the fights, and there are concessions sold. For the moment, the money from ticket and concession sales is only enough to cover his overhead. He was telling me that he was considering setting up an... View More
answered on Aug 17, 2017
This comes up all the time for bar owners. Your friend has to purchase a commercial license to show the PPV broadcast. Commercial licenses are more expensive than personal licenses. The prices are typically tied to the size of the venue or the number of people attending. He would need to... View More
I have modified a collegiate logo, but people will still associate it with the college (that's the point). I just want to figure out whether I will get in trouble or not. I can send a picture of the logo to you if you can help me! Thanks!
answered on May 25, 2017
If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost... View More
I was selling a sticker of the great lakes of Michigan silhouette and was informed that i was violating a trademark.
Didn't think that you could trademark the great lakes silhouette.
answered on May 10, 2017
Maybe. The full answer depends on whether the USPTO considers the mark to be geographically descriptive, or whether that silhouette has been altered in a way that makes it more unique, such as incorporating other graphics, altering the outlines (e.g. stylized edges), incorporating lettering, etc.... View More
answered on May 11, 2017
If you're licensing the toys for that use, of course you can.
I worked for Earth Fare from 1994-2010. I created the characters and content used by Earth Fare for this program while an employee. When I left, they let the program die. If they have abandoned trademarks, can I now claim the characters and content back for my own?
answered on May 10, 2017
It probably depends on if you had an employee agreement with the company, or whether you assigned your rights to the company.
Even if the company "mothballed" the program, your status as a former employee could complicate your desire to use the exact same marks (or other... View More
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