Get free answers to your Trademark legal questions from lawyers in your area.
answered on Oct 26, 2020
It may show as dead because of a error in the calendar. A trademark attorney will have to review the history of the mark for information suggestive of your use as a good or a bad idea. You may be infringing if the renewal failure was an oversight.
See an attorney.
answered on Oct 18, 2020
The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.
So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... View More 
answered on Oct 20, 2020
There is not enough information here to answer this fully, but here are some areas of potential concern:
1) The NBA's rights to the trademarks of teams and their own marks
2) The Teams' rights to their own marks
3) Copyright rights to the photos you're using... View More
I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?
answered on Sep 30, 2020
A Voluntary Amendment form may be filed with the USPTO to request modification and/or addition to an already filed application that the Law Office examining attorney has not yet examined, however the applicant must carefully review the instructions because not all amendments will be accepted.
My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.
answered on Oct 4, 2020
Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... View More
My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... View More
answered on Sep 26, 2020
My recommendation would be to file two applications, covering two classes each. One for the plain name, covering both apparel and music-related services; and another for stylized name covering the same classes. You should reach out to a qualified trademark attorney like myself to help guide you... View More
Or this
answered on Sep 22, 2020
There are no federal trademark applications for this name. But without doing a full search, you should know it is possible someone could be using it without a federal registration. Feel free to drop me a line if you'd like to discuss further!
-Tim
answered on Sep 14, 2020
Are you asking whether you can use your own trademarked logo on clothing or that of another? There's a different answer to your question depending on that distinction.
(cont) to trademark said name + my sub heading= altogether?
answered on Sep 7, 2020
If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many... View More
I come across one settlement and trademark licensing agreement ("STLA") that is governed by the New York, United States law whereby it is signed by both the Licensor and Licensee but it was not stamped. I am not sure what are the formality / pre-requisite for a STLA to be valid and... View More
answered on Sep 22, 2020
Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.
-Tim
i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout... View More
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answered on Aug 25, 2020
The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can... View More
answered on Aug 7, 2020
Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck
Tim Akpinar
I do not have a physical location for my business.
answered on Jul 14, 2020
While a Voluntary Amendment can be filed, your original application will remain as public record. If you need any further assistance, please call or email.
answered on Jun 19, 2020
Consider consulting with a trademark attorney. The trademark attorney will intake the relevant facts such as the actual design and what the trademark is being used for – and then execute a search for you.
This answer includes generalizations and there are many caveats. This answer does... View More
I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.
answered on Jun 9, 2020
If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.
Tim Akpinar
Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.
Is that overkill... View More
answered on May 3, 2020
According to USPTO guidelines, when you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing. Since you may later be asked to submit additional specimens to properly examine your application or... View More
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answered on Apr 21, 2020
If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a... View More
My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?
answered on Apr 21, 2020
You should speak with an attorney about the possibility of filing a Petition for Cancellation of the registered trademark if you feel that your trademark has priority of use over the registered mark.
Is there a way around this and keep my name? Does it matter that I have had the domain for a year already? Our logo designs are totally different.
Hello,
I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?
Thanks in advance.
answered on Mar 31, 2020
This response is not specific legal advice and is not intended to create an attorney-client relationship.
You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .
A trademark is a word, name, phrase, slogan, or... View More
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