Get free answers to your Trademark legal questions from lawyers in your area.
Hello, I'm looking to trademark a brand for items used in the kitchen. Every item I currently sell falls within one USPTO class. USPTO requests to list all items sold so my question is, what about items I don't sell yet but might sell in the future? Also, I am looking to trademark a brand... View More 
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answered on Oct 17, 2017
List the items you currently use, and then in the future when you add to the goods amend it to include the new items.
I sell Long Island Wine Tours, a competitor claims they "OWN" the trademark:
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:91vdmw.6.1
And it is registered. They are demanding that i remove all mentions of "Long island wine tour" from my website... View More
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answered on Oct 10, 2017
The disclaimer on the USPTO for their Trademark states:
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN
So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours"... View More
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answered on Oct 9, 2017
Most likely yes. But more details would be needed for a better analysis and conclusion.
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answered on Sep 8, 2017
$1500 is a pretty reasonable rate, filing fees the USPTO charges are about $250 additional.
A few examples are: The Cones of Dunshire from the TV show 'Parks and Recreation', CharDee MacDennis from the TV show 'It's Always Sunny in Philadelphia', and True American from the TV show 'New Girl'.
answered on Sep 4, 2017
For copyright purposes, just as you cannot copy a real game, you may not copy from someone's imaginary game. In both instances, someone created the board game and to the extent the board was an expression of the idea of the game, then that would be off limits without the copyright... View More
answered on Sep 2, 2017
The phrase "intent to use" describes one kind of application a person can make to the United States Patent and Trademark Office to register a trademark. It means that you "intend" to use the mark in the future but as of now your use does not meet all of the requirements to prove... View More
My partners and I have been following an abandoned trademark. When we were ready to take action, we found out another entity has submitted an initial application for said trademark. Can we still put in an application for this trademark? Does the fact of having created merchandise, logos, and... View More
answered on Aug 21, 2017
When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins... View More
I am starting an online-marketplace platform for buyers and sellers. Giggle will mean - services offered by sellers. Is this a potential infringement?
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answered on Aug 15, 2017
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as... View More
I just finished shooting a video with my friend and we're both minors. What release forms do I need and how/where can I get them?
answered on Aug 13, 2017
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
The First Sale Doctrine
The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the... View More
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answered on Aug 9, 2017
Not unless you get permission. That's potentially trade dress infringement.
I saw it on a brand trademark I'm interested in purchasing one day.
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answered on Aug 8, 2017
It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
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answered on Jul 31, 2017
The fee I charge is $2,000.00. There also is a USPTO filing fee for TEAS Plus is $225, so the total would be $2,225 and it is partially refundable if upon my search I deem that it is unlikely to proceed to registration of the trademark (there are some factors after the application is filed that... View More
WMAP RADIO - Trademark Details
Status: 641 - Non-Final Action - Mailed
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answered on Jul 31, 2017
It means your application was defective / rejected for some reason that they will inform you of via mail. You can correct the defects or whatever other issues they had and work with the examining attorney to hopefully get a mark published to the register. I'd be happy to assist if you like... View More
I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.
I have found the contact... View More
answered on Aug 7, 2017
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is... View More
I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April... View More
answered on Jul 25, 2017
You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the... View More
I know someone with the name sweetees that is running a tshirt business. I wanted to know if this is legal.
answered on Jul 25, 2017
You may face a challenge for IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
answered on Jul 23, 2017
If you go to the Trademark Office and look up the mark, assuming it is registered at the USPTO, it will state who the owner of the mark is and you can write to them.
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answered on Jul 17, 2017
Yes, but new registrant must tread carefully.
We have been selling a brand of ink and toner cartridges since January 2015. This year, a company from China decided to try and trademark our brand. We have never got around to filing the trademark as we were advised that it is not a requirement and that we still have full trademark rights if we... View More
answered on Jul 12, 2017
You may need to object to the trademark and contact the company to cease and desist from any IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More
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