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California Trademark Questions & Answers
1 Answer | Asked in Trademark for California on
Q: Can I register a trademark for a name that I used first, but another company is using it?

Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Federal registration of a trademark is based on its "use in commerce" which generally means sales (or at least advertising for sale). Whether the nature of your prior use qualifies is problematic.

You should consult a qualified trademark attorney to review the matter and advise...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: Do I need a patent if i'm building an app in a new space that doesnt't exist yet?

I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 25, 2022

If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... Read more »

1 Answer | Asked in Trademark for California on
Q: does my product qualify under trademark dress

i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and... Read more »

2 Answers | Asked in Trademark for California on
Q: hi there i would like to trademark a name.. how would i go about doing this?

i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.

John Martin Hilla
John Martin Hilla
answered on Mar 22, 2022

The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to...
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2 Answers | Asked in Trademark for California on
Q: Registered a trademark, however it appears as abandoned or failure to response. Is there a quick solution to this?

Trademark name : CELOSA ROSE

Dane E. Johnson
Dane E. Johnson
answered on Mar 16, 2022

The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support... Read more »

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
Read more »

2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »

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1 Answer | Asked in Trademark for California on
Q: can you trademark a smile ( two dots for eyes over a U) with the word revel
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2021

Maybe

It depends on the use and differentiation to other marks.

Consult with an attorney.

1 Answer | Asked in Copyright and Trademark for California on
Q: Does Got Juice have a trademark?

Will I be able to sell my clothing line all though we're selling different goods with the same name?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

You need to hire an attorney to do searches and evaluate your risk.

1 Answer | Asked in Copyright and Trademark for California on
Q: how can i purchase a status 606-abandoned -no statement of use filed ...serial number 88035552
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2021

Maybe

You can file for a trademark, but getting it is a different thing.

You may not be entitled to use the mark as widely as you think.

Consults with an attorney.

1 Answer | Asked in Consumer Law, Internet Law and Trademark for California on
Q: Can I sue Alibaba or the supplier in China

I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... Read more »

Ian Pike
Ian Pike
answered on Dec 9, 2021

As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an... Read more »

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
PREMIUM
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...
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1 Answer | Asked in Trademark for California on
Q: I need to renew a trademark, SMILING ROCKS by Nov. 22 & was also wondering about the evidence of use requirements. TY!

I was more involved in the use of the mark in years past. I then shifted my energy to other parts of my business, Faux Rock Contractor, and didn't renew my domain which is now held by a diamond jewelry company. They are also seeking to file the same trademark, SMILING ROCKS as well. Just... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 8, 2021

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

3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 24, 2021

depends, you need to consult with an attorney to understand your options and risks

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2 Answers | Asked in Trademark for California on
Q: Can I file a trademark for a brand with an apostrophe? For example O’NEILL brand has a apostrophe after the O.

An apostrophe is used but not necessarily to indicate a plural.

Linda Liang
Linda Liang
answered on Oct 20, 2021

It depends on what industry you are in and whether it is closely related to O'Neill's products sold under this trademark.

If an average consumer could possibly misunderstand your product as from O'Neill's, using the trademark could constitute infringement of trademark right.

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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

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 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.

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