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answered on Nov 26, 2023
If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.
Sometimes, the issue could... View More 
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answered on Oct 15, 2023
Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More
i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?
answered on Apr 5, 2023
Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... View More
Do I need patent?
answered on Apr 1, 2023
Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More
how much would it be ?
answered on Feb 25, 2023
There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More
I am looking to possibly take this over if it’s available.
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answered on Jun 8, 2022
There is no live registration for the mark NERD BOSS. There was an "intent to use" application filed in 2018 for apparel, but abandoned in 2019 after opposition from the owner of several marks consisting of (or containing) the word BOSS (HUGO BOSS, BOSS, BOSS ORANGE, BOSS BLACK, BOSS... View More
answered on Jul 7, 2021
Maybe
You need to consult with an attorney to review your options and risks
The company cancelled in December 2019. My design and logo would be different from the one they had. However, my company would be similar to the one they had in the sense that I will be selling clothing/apparel. This company was located in California. I will be based online, but may conduct a store... View More
answered on Apr 17, 2021
Maybe,
consult with an attorney
Just because a trademark is cancelled or abandoned in the USPTO system, it does not mean that they are not using, they may have some rights even if they are not registered.
Best luck!
Marcos
I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.
Since... View More
answered on Nov 12, 2020
Hi there! It is great that you are thinking about IP protections from the very beginning.
From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the... View More
I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More
answered on Oct 17, 2020
Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More
I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?
answered on Sep 30, 2020
Transfers of ownership/assignments are recorded using the Electronic Trademark Assignment System (ETAS) at the USPTO. It is important to carefully follow the instructions regarding when such assignments may be recorded (typically after filing Amendment to Allege Use).
Hello,
A Word Mark named VIREMEDY and a Trademark as viRemedy have been cited on https://trademarks.justia.com/872/16/viremedy-87216579.html .
However, VIREMEDY has been the special name of a particular remedy since several years ago.
Everyone could simply search the Web for... View More
answered on Sep 2, 2020
Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an... View More
Discovery Bay Games, Seattle. Game is Two Bridges
answered on Mar 4, 2020
If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... View More
We want to say "if your rate is 7% and UP." We want to give away a 12-pack of 7UP with each funded loan. We also want to stack cases of 7UP in our lobby to draw attention to the campaign. Can we say in advertisement "7UP"? Our compliance officer wants to make sure we are not... View More
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answered on Feb 10, 2020
7UP is a registered mark and using it for commercial gain (i.e. in your advertising) without a license could be problematic. There may be options available to you to be able to do the promotional campaign without running afoul of trademark laws. I have assisted financial institutions with their... View More
answered on Jun 17, 2019
It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... View More
That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the... View More
answered on May 2, 2019
I think you can, so long as you don't use his language or any materials or publications.
answered on Sep 7, 2017
It appears you missed a trademark prosecution requirement. This can happen when you file an intent to use application. You are required to submit proof that you used the mark in interstate commerce within six months of receiving a notice of allowance from the USPTO. It may be possible to revive... View More
trying to start a brand/fabrication company
answered on Jul 3, 2017
Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial... View More
There is an unregistered band with the same name as I want "Ugly Sweater Party"
answered on Feb 8, 2017
You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in... View More
I run a smallish student organization at my university and we are designing the shirts to sell at an upcoming fundraiser. One of our designs is very similar to the wu tang W logo without the text. The funds raised from the shirts would go back into the club.
Are we allowed to do this right... View More
answered on Jan 27, 2017
You need to get permission to use copyrighted or trademarked images, if you want to avoid the risk of a lawsuit.
Your university probably employs an attorney who can help you obtain licensing rights, or at least advise you on how to do so.
However, someone who holds the rights to... View More
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