Get free answers to your Trademark legal questions from lawyers in your area.
Am I protected from having my new site's logo/idea/branding infringed upon?
The new name will be listed as a project of mine/my DBA on both websites.
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answered on Aug 1, 2022
A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More 
My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.
https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896
answered on Jul 29, 2022
If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.
How do I create a lawsuit in the event of an infringement?
answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More
Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... View More
answered on Jun 18, 2022
The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)
If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar... View More
Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?
answered on Jun 17, 2022
It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... View More
What are the advantages and disadvantages of acquiring a trademark name going through an attorney versus going to one of those 50 dollar online companies?
answered on Jun 15, 2022
About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... View More
When I say update trademark. like with a logo or design. No I never had a lawyer. I did the trademark on my own n I didn’t know what I was doing.
answered on Apr 29, 2022
Most likely the application was deemed abandoned for failure to respond to an Office Action within the required six months, and the Office Action was probably an initial refusal that could have been cured by an amendment to the application. The abandoned application cannot be revived, so you... View More
I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of... View More
answered on Apr 21, 2022
A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.
There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE... View More
answered on Apr 4, 2022
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... View More
answered on Mar 25, 2022
Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).
If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark... View More
How can we prevent them from copying my trademark brand name and logo
answered on Jan 27, 2022
It will depend on what rights you have developed on the mark.
Consult with an attorney.
answered on Jan 3, 2022
You need to consult with an attorney.
If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... View More
answered on Jan 3, 2022
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are... View More
answered on Nov 23, 2021
The federal registration symbol, ®, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
If an online seller got sued because of THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A with more than 700 sellers. In these kind of cases, what is the approximate cost of defending the case for an Individual seller. As we understand fee might differ from Lawyer to Lawyer,... View More
If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
answered on Sep 29, 2021
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the... View More
Is it basically up for grabs?
answered on Sep 3, 2021
Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.
I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.
answered on Sep 3, 2021
Even if a brand is expired in the trademark registry it can still be owned by somebody.
You need to invest in a consultation with an attorney to analyze your case and provide options.
I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?
answered on Aug 26, 2021
It all depends on the rules of the other country.
Most likely it will need to be a locally licensed attorney.
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