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Trademark Questions & Answers
1 Answer | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2021

You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Trademark on
Q: I want to use a generic term in my novel. But I saw it is present in the trademark database. What to do?

The generic name is Gifter

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

Depends on how you want to use it and how it is registered.

Consult an attorney.

1 Answer | Asked in Trademark for Tennessee on
Q: How do I get my business name trademarked and how long does this process take? What are the fees?
Robert Kost
Robert Kost answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: How can I prevent my business name being stolen without it being trademarked?
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 29, 2021

You need to be watchful whether registered or not.

Use gives you some rights, but you are the one who has to enforce them.

2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
Robert Kost answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
Read more »

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2 Answers | Asked in Trademark for New York on
Q: Hi Can I use R on my logo when my trademark status is "630 - New Application - Record Initialized Not Assigned To ..?
Evelyn Suero
Evelyn Suero 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.

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2 Answers | Asked in Copyright and Trademark on
Q: If I would like to modify the rosary how do I come about doing this?

I would like to make rosary’s and sell them what sort of license should I get?

Robert Kost
Robert Kost answered on Nov 22, 2021

Why do you believe you need a license? Who do you think owns the Rosary? According to Wikipedia, it dates back to 1214, from an apparition given to a saint. No one owns, or could own, the decade, or the sequence of five of them. https://en.wikipedia.org/wiki/Rosary#History

Now, if there...
Read more »

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1 Answer | Asked in Trademark for South Carolina on
Q: bought trademark NATALAC ,in 2014 & it cancelled cuz they say it was no proof of me rappin & trucking? wtf thats a lie!

everything about my life has been easily available for 25 yrs.. by searching in any search engine Natalac (rapper)

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 20, 2021

You need to submit proof of use in a regular basis and pay a maintenance fee.

If you did not do it, your registration expires.

1 Answer | Asked in Trademark on
Q: how is my trademark cancelled? when everything about my trade mark is available everywhere? i just re knewede it
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 20, 2021

You need to consult with an attorney. There is a process for renewing the trademarks.

1 Answer | Asked in Trademark for Pennsylvania on
Q: Need to file an international trademark, what is best course? Need trademark attorney.

Need trademark attorney. I already filed in US through USPTO and now want to file the same trademark internationally with I believe the World Intellectual Property Organization (WIPO). What is the best course of action? I am aware of the Madrid Protocol and can see general prices online.

Robert Kost
Robert Kost answered on Nov 19, 2021

You've spotted the most expeditious route: file with WIPO for each of the countries in which you'd like your trademark rights to apply (you'll check which ones you want). For purposes of the WIPO filing, the European Union is treated as one country. However, the application will be... Read more »

1 Answer | Asked in Internet Law and Trademark for Alabama on
Q: How can I counter response to someone who reported me copyright infringement even though the art is different?

I was sent a notice on Etsy about copyright infringement but my design is different then what is being reported. I used different images and fonts. How do I respond to get them to over turn their decision?

Robert Kost
Robert Kost answered on Nov 18, 2021

This question is a very specific one, and will turn on the specifics of who is reporting what to whom, and what their and your designs are. Maybe Etsy has a simple process? Otherwise, I'd suggest that this can only be properly answered by an attorney in dialog with you, and not through a web form.

2 Answers | Asked in Trademark for California on
Q: Was interested in using R2D2 as a part of a business name would that be going to be violating the trademark of R2-D2.

looking up the trademark site its showing as R2-D2 as being trademark but not sure if not using the - make a difference

Robert Kost
Robert Kost answered on Nov 17, 2021

Hello,

Just to answer the narrow question, whether the "-" makes a difference, I'd say: probably not. A federal trademark will generally cover minor (and sometimes significant) variations in spelling.

On the larger question whether you should use it, I'd say...
Read more »

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0 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Is there a case against me of Trademark infringement & Should I be on a telephonic call today before Judge

I received a registered email from a Lawyer firm mentioning that a lawsuit has been filed against my eBay store under The Partnerships & Unincorporated Associations on Schedule “A”. I was also asked to appear before Judge telephonically on Monday, November 15, 2021. However, upon checking... Read more »

0 Answers | Asked in Trademark on
Q: which software meistergram needs to embroidery?
1 Answer | Asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida on
Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

Thomas James
Thomas James answered on Nov 14, 2021

A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... Read more »

0 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Should I be on that telephonic call on Monday before Judge and is there a case against me as My ebay store is blocked ?

I received a registered email from a Lawyer firm mentioning that a lawsuit has been filed against my eBay store under The Partnerships and Unincorporated Associations Identified on Schedule “A”. I was also asked to appear before Judge telephonically on Monday, November 15, 2021. However, upon... Read more »

2 Answers | Asked in Copyright and Trademark for Iowa on
Q: I am interested in using words, short phrases or sentences from lyrics or movie quotes to make signs, tshirts, etc

Is this legal for retail?

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2021

Depends.

You need to consult with an attorney to understand your risks.

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2021

Yes you can.

But you may have lost it to somebody else in the mean time.

Consult with an attorney.

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
Robert Kost answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... Read more »

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