Get free answers to your Trademark legal questions from lawyers in your area.
I'm looking to trademark the words "King Fit" in the standard charter mark format. However, it is currently trademarked under the "(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM" format. Would I be successful if I tried to trademark it under the regular "(4)... View More 
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answered on Feb 21, 2017
If you're going to be in the same class of goods or even arguably remotely close to the same industry you are treading on thin ice. It's problematic because a) it's the exact same phrase, b) you know of the other claim of ownership over the mark, c) the standard character mark is... View More
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answered on Feb 9, 2017
Just by putting a product with a trade name out on the market you begin accruing rights, it's similar to goodwill associated with a brand. Formally registering a mark allows you to file a lawsuit in federal court to protect the brand name as solely that of your own and gives you a presumption... View More
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answered on Feb 9, 2017
All LIVE and DEAD (or abandoned) trademarks that have been registered with the USPTO are, but trademark rights may accrue to people and organizations without any formal registration.
A woman I know has adopted the same name as mine. This woman claims that she has trademarked it. To the best of my knowledge this woman does not engage in commerce or trade. TESS does not show any listing of a trademark issued in that name. I am not engaged in commerce or trade. This woman... View More
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answered on Feb 7, 2017
You may have a claim for misappropriation of your likeness / right of publicity and potentially unfair competition, it's most likely not a trademark violation however.
A woman claims to have a registered trademark. However, to the best of my knowledge the woman does not engage in commerce or trade.
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answered on Feb 7, 2017
Someone can make an "intent to use" trademark application, but there is a timeline that must be followed in which the mark must actually be used or the application will be denied. Here's a link to the USPTO website with a primer on an Intent to Use Trademark application;... View More
A woman claims that her name is Carrie L. Pena. The woman claims she trademarked that name. I keep looking for her trademark is TESS. However, the woman's name never shows up.
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answered on Feb 7, 2017
No. For a trademark to be registered it has to be published. Technically one can accrue rights to a tradename without having a mark and if you're selling goods or services associated with your name you could argue that there are rights that are associated with that and the right to exclusive... View More
The word "HypeFit" is taken as a standard charter mark, but I want to trademark the word but spelled as in "hypefit" instead. Is this possible?
answered on Feb 6, 2017
Your application to register your mark may be rejected on the ground that it is confusingly similar to another registered trademark.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should... View More
The bots will perform tasks with the accounts
answered on Feb 6, 2017
You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.
Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent... View More
for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)
answered on Jan 28, 2017
You will file a new trademark application for the new name as used in commerce.
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answered on Jan 27, 2017
Sure you can, just watch out for a declaratory judgment action if you overstep anything.
Hello, here you can see original item and my item: http://goo.gl/9t0jKP
I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.
They said if I believe I didn't infringe on any copyrights I... View More
answered on Jan 24, 2017
You should get in touch with an IP attorney for legal assistance.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it... View More
answered on Jan 20, 2017
No, that would by itself not qualify for trademark; but it depends on the context, i.e., if it's being used with other words or symbols. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More
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answered on Jan 9, 2017
The standard for trademark infringement is called "confusingly similar," meaning that a mark must be confusingly similar to an ordinary person in the marketplace for the goods. Here is a good discussion on the standard found in the wikipedia page for "confusing similarity"... View More
8 years later, I stepped away from my business to start a family. I've decided to return to the business but discovered someone else using the logo now. When I told them to cease and desist, they said they were entitled to keep it since they'd had it for several years and I had abandoned... View More
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answered on Dec 12, 2016
A TM can be deemed abandoned for non-use and failure to file post-registration mandatory filings to maintain it, however the logo may have been separately protect-able by copyright law which does not require subsequent filings to maintain. This sounds like a very intreresting case, right in the... View More
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answered on Nov 18, 2016
You can:
1) Get a license from the owner of the mark;
or
2) use the name in a way that is not confusingly similar / substantially similar to the one that's already registered (there are obvious risks in doing this);
Other than those you really can't. The... View More
One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More
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answered on Nov 4, 2016
Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More
We are still a fully functioning company and want to know if someone can claim to be us as we had a trademark. Thank you.
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answered on Oct 31, 2016
Your trademark beginning date in the territory you operated at can probably be proven to have originated in 1984. The registration in 1997 created a presumption of ownership that is rebuttable. The analysis of your trademark rights would necessarily involve knowing the name of the mark, the... View More
We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.
Our product will be having a different design. We will register a new brandname.... View More
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answered on Oct 24, 2016
Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More
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answered on Oct 14, 2016
eTEAS application through the USPTO (www.uspto.gov), happy to assist if you need any help with it, not everthing on the application is immediately obvious and they do have long term ramifications if you don't do it correctly.
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answered on Oct 10, 2016
Singular vs. Plural for one, but I'd need to know more context as to whether you can use it...
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