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Trademark Questions & Answers
0 Answers | Asked in Trademark, Copyright and Patents (Intellectual Property) on
Q: Hello, is it realistic to exact the amount awarded in the US trademark case from European citizen

The store was sued in one of the US online marketplace

1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

1 Answer | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 9, 2021

Sounds like a law school class question.

The answer is always depends.

Consult with an attorney.

2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 8, 2021

It will probably be rejected and they may come back after you

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1 Answer | Asked in Trademark for South Dakota on
Q: if the description of mark involves font, the words printed in a different font aren't trademarked correct?
Linda Liang
Linda Liang answered on Sep 8, 2021

You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 6, 2021

There are some registered, such as Make America Great Again, so you would be violating his registration

You can make variations and parody though

You should consult with an attorney

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1 Answer | Asked in Trademark for Georgia on
Q: How do I trademark my business name?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

2 Answers | Asked in Trademark for New York on
Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?

Is it basically up for grabs?

Linda Liang
Linda Liang answered on Sep 3, 2021

Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.

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1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

0 Answers | Asked in Trademark for California on
Q: I wanted to start a brand, kittypiddl3, however there is a trademark for the name kitty piddle. What can i do about this

Does the 3 at the end my name make a difference? or would it still be considered kitty piddle? If so could I buy the trademark from the owner ?

0 Answers | Asked in Trademark on
Q: We need to register our brand similary to Serial Number 88795091

We have a brand in Brazil called "Lana Brasiles",

1 Answer | Asked in Trademark for California on
Q: Can I trademark a phrase that has similar words with another filed trademark? The only difference is two new letters.

My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Probably, it may be risky. You need a consult to review your options and risks.

1 Answer | Asked in Trademark for California on
Q: How do I go about changing the address on our trademark information?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

You need to consult with an attorney so we can file a petition to update address

2 Answers | Asked in Trademark for New York on
Q: Can I use US lawyer to oppose a trademark in another country (where my trademark is registered as well)?

I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 26, 2021

It all depends on the rules of the other country.

Most likely it will need to be a locally licensed attorney.

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2 Answers | Asked in Gaming and Trademark for Missouri on
Q: Since "Pikachu" is internationally trademarked by Nintendo; could I use the name "Vampikachu" as my stream/channel name?
Linda Liang
Linda Liang answered on Aug 25, 2021

The standard is whether it is confusingly similar. It depends on the service. If it is gaming, you may have a problem. If it is for industry that is far from that, it should be okay. You should work with an attorney to conduct a thorough research before you start.

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2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

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.

London Davenport
London Davenport answered on Aug 25, 2021

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 »

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1 Answer | Asked in Copyright and Trademark for Florida on
Q: Hello. Can I use the name "Mortal Kombat", without using any of the franchise's designs or font?

I am simply using the name for a recreational adult softball team. I do not have any copyrighted designs or logos, but I just want to know if using the phrase alone is illegal, if I put it on a jersey.

Linda Liang
Linda Liang answered on Aug 24, 2021

Yes, you can use text only as trademark.

0 Answers | Asked in Copyright and Trademark for Georgia on
Q: Am I able to get paid for sharing research articles and books without infringing on copyright laws?

I wanted to do this for people who don't have easy access to certain research articles, and don't have the time to look for certain topics. I was wondering can I get paid for doing the search for them?

0 Answers | Asked in Trademark for Arizona on
Q: What is a trademark for?

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