Maybe, it depends
You need to consult with an attorney to review your case and see what risks and options you have
Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... Read more »
Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?
how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space
Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.
Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this... Read more »
Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »
(US Trademark)
Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark... Read more »
It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.
Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.
Would I likely get denied trademark even though their's is trademark with Dr. in front?
Yes, very very likely
It will depend on the category where the existing trademark is registered
You should work both with a brand consultant and an attorney to make sure your selected brand is both strong for your marketing purposes, as well as clear, available and has a good chance... Read more »
would I probably get denied even though one is a good and one is a service?
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
If the trademark of the... Read more »
In 2009 the status is as listed above. Am I able to register this trademark today?
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
Can other people use it? Or is it property of Paramount/CBS like I expect?
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
i don't see evidence of it's current use in commerce. but how to prove?
You can, as it is abandoned, but that does not mean your registration will be successful.
If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?
The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.
Otherwise, I would venture that even by just putting it on there, there could... Read more »
My small bakery business name is not currently registered on USPTO as a bakery, but several bakeries in other states have websites or social media pages with the same or a very similar name. I'd like to register it, but am wondering if I will lose the non-refundable application fees since some... Read more »
When it comes to trademarks, priority matters most. Priority is established by using a mark, in commerce, in conjunction with the offering of particular goods and services. Generally, first to use in commerce gets priority rights to the mark, though there is an exception in that you can file an... Read more »
I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.
Regards.
Holger
You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.
Creating an email and a flyer...do the pieces need to have the trademark symbol on them for Hills? I ask because we're not positioning ourselves as Hills, just saying they'll get a free bag from us.
It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.
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