Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.
If you add the logo or something else, the mark being considered is no longer the...Read more »
What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually get better...Read more »
The Idea would be to sell functioning wireless earbuds for cheap with my own brand and wording without any reference to Apple or their specific product (Airpods). Would there be any legal problems I could get into if I was sell these wireless earbuds on Amazon?
When considering an application for trademark registration, 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...Read more »
I want to trademark a name for my brand (that's also for me) using a pseudonim, Could I buy something online since I had done first step on the process (the filling) with my pseudonim-brand name? If not, when could I?. Why the USPTO could not accept my submition? and would it mean I could lose time... Read more »
I had an idea for t shirts arranged around a certain slogan phrase under my brand name and logo. But I found the slogan phrase I wanted to use is trademarked for T-shirts. However, a somewhat different phrase using near synonym and past tense would still work for me. How exact does the phrase have... Read more »
Trademark infringement occurs when a consumer is likely to be confused as to the origin of a product such that they assume the product comes from the trademark owner. The standard is a likelihood of confusion. The trademark owner would have a pretty good chance of blocking any synonymous phrases...Read more »
IE, product ABC's name is TM as BattleShip, can a completely different class of product XYZ also use the name BattleShip if the products do not share anything in common, essentially a completely different product than the TM product?
Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so...Read more »
The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...Read more »
Maybe. It depends on whether your goods or services are in the same class as an existing trademark registration, and whether using the mark is or will cause consumer confusion. Even if not registered, common law infringement may also be a problem. I suggest speaking to a trademark lawyer and seek a...Read more »
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