There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in...Read more »
There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.
Contact a trademark lawyer to discuss your...Read more »
If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the...Read more »
I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.
Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you...Read more »
I want to be able to keep this username for a very long time and don’t want any problems with other company’s or the YouTube Annoying Orange. Need help in understanding trademarking. I have a gaming account with the username AnoyingOrang and would like to move further with that account name.... Read more »
The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »
The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark....Read more »
Using a trademark that is confusingly similar to another trademark being used in the same or related class/category of goods or services could be deemed infringement and will likely be a barrier to trademark registration. Using the same dominant words in the trademark may increase the likelihood...Read more »
This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be...Read more »
If i were to use koolaid for a website like twitch (without caps or dashes) and I started broadcasting with the name like "koolaid person" would I be subjected to copy right and could I get sued for that because I don't want to get into any troubles!
Here's some quick information for you. First, you wouldn't be dealing with copyright. This would be a trademark issue. Second, capitalization, spaces, dashes, etc. do not make a difference. The USPTO uses phoenetics to determine if a mark is similar or not. So they would sound identical....Read more »
It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.
You should speak to a trademark attorney about your specific situation.
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