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California Trademark Questions & Answers
3 Answers | Asked in Trademark for California on
Q: Hi. I would like to use the name feasty? Am I allowed to use it?
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Is "feasty" a made up word? Your use in commerce to identify the source of goods or services is use as a trademark. If you want nation wide protection then contact an attorney with Trademark experience who can file an application. Cost including the Federal Trademark Office filing fee... Read more »

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1 Answer | Asked in Identity Theft, Lemon Law, Sexual Harassment and Trademark for California on
Q: Can you help me p

Someone been got into my phone

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Please consult a privacy attorney to help you with this matter.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I have a product that I would like to register under a CC license, do I need a trademark for the logo and brand name?

Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... Read more »

3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Evelyn Suero
Evelyn Suero answered on Oct 12, 2020

A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... Read more »

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2 Answers | Asked in Trademark for California on
Q: how do i take over a trademark

trademark for our club patch has expired brian is no longer part of our club i need ownership of patch

Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.

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2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I used the "LA' from the LA Dodgers & printed on a hat to sell, is that trademark infringement? Upside down as well?

For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?

Evelyn Suero
Evelyn Suero answered on Sep 27, 2020

If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.

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2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.

Justia Disclaimers below, incorporated herein.

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1 Answer | Asked in Trademark for California on
Q: the name HOOKLESS has been trademarked. Does that mean that you cannot use the word hookless as an adjective???
Evelyn Suero
Evelyn Suero answered on Sep 8, 2020

If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... Read more »

1 Answer | Asked in Trademark for California on
Q: Is there a such thing called common law trademark ?
Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Trademarks which are used prior to registration accrue common law rights against infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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1 Answer | Asked in Trademark for California on
Q: Is an informational app about menu items at a coffee chain allowed to use the trademarked names of drinks sold there?

I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano,... Read more »

Kathryn Perales
Kathryn Perales answered on Aug 24, 2020

Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about... Read more »

1 Answer | Asked in Trademark for California on
Q: Trademark question regarding my brand name, and protecting someone in different goods and services to take it

Lost my job, but have had my company name, & domain for years, (which I have been using). I don't want anyone in these different industries to use my brand name.

However, because the brand name can be used in different goods and services, I just want to get the right advice before... Read more »

Charles Edwin Runyan
Charles Edwin Runyan answered on Aug 20, 2020

The trademark registration application fee is going to be calculated based on the number of different classifications you choose. If you select classifications that don't have the same "numbers", you will be charged one fee for each "number".

The trademark office...
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1 Answer | Asked in Trademark for California on
Q: i need to renew my 6 year trademark for 4495814

trying to do anything required for my dabcity trademark

Evelyn Suero
Evelyn Suero answered on Aug 14, 2020

Generally, trademark owners of registrations must file must file a Declaration of Use and/or Excusable Nonuse between the 5th and 6th years after the registration date. Forms are available on the USPTO website or consult with a trademark attorney to assist you.

1 Answer | Asked in Trademark for California on
Q: I am looking for advise and guidance on a lawsuit.
John B. Hudak
John B. Hudak answered on Jul 25, 2020

Use the Find a Lawyer function in Justia to find a lawyer in the practice area of the lawsuit. Make some calls. And try to find the best attorney who fits your needs. Best of luck.

This answer includes generalizations and there are many caveats. This answer does not form an attorney...
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2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

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3 Answers | Asked in Business Law and Trademark for California on
Q: Somebody is selling goods using my mark. They claim to have been using it before I filled. What can I do?

I have sent out a cease and desist letter.

Dan Robinson
Dan Robinson answered on Jul 13, 2020

If your mark is registered, and assuming that they are telling the truth about using the mark first, you can sue to have their mark limited to a certain geographic area or a certain type of product/service. In a case I dealt with like this, a lawsuit was filed but the parties came to an agreement... Read more »

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2 Answers | Asked in Trademark for California on
Q: If a Trademark like “ EGOTAG” exists can the brand be TM if it is “EGO-TAG” ?

Or “EGO-logo-TAG”

Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.

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2 Answers | Asked in Trademark for California on
Q: Hi I am in California and I am trying to get a trademark. I heard it's been dead since 2012, what do I do?

I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the... Read more »

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