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California Trademark Questions & Answers
1 Answer | Asked in Trademark for California on
Q: I am being sued for trademark infringement, although I have not been served yet. But the case # is 4:2022cv0416.

How can I find out the details of the case, and he supposed infringement?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 1, 2022

Checking all four federal district courts in California, this case number shows up as "sealed" which is quite extraordinary for a trademark case. Consequently, no further information is available. Perhaps you have the wrong case number. If you contact me, perhaps we can search for the... Read more »

1 Answer | Asked in Trademark for California on
Q: Could I call a brand 'Mario & Peach' or would that infringe on Nintendo's trademarks for Mario and Princess Peach?

I would not use their likeness as part of the branding—just the names

Erik Špila
Erik Špila
answered on Nov 15, 2022

Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.

But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Trademarks vs. copyrights?

Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?

Erik Špila
Erik Špila
answered on Nov 12, 2022

Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »

2 Answers | Asked in Trademark for California on
Q: if i register a trademark, am i able to obtain the .com domain for the trademarked word?

there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.

I am wondering if i have a registered trademark for... Read more »

Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 9, 2022

No, the trademark system and domain name system are separate systems of rights and ownership.

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2 Answers | Asked in Trademark for California on
Q: if i register a trademark, am i able to obtain the .com domain for the trademarked word?

there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.

I am wondering if i have a registered trademark for... Read more »

Erik Špila
Erik Špila
answered on Nov 11, 2022

This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... Read more »

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2 Answers | Asked in Trademark for California on
Q: Should I still try and file this trademark? Or is it just a waste of time and money?

Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.

For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... Read more »

Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 8, 2022

The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... Read more »

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1 Answer | Asked in Trademark for California on
Q: If I make [shirts] with entertainers name/image, how do I get permission sale the products??
Erik Špila
Erik Špila
answered on Oct 30, 2022

The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
Read more »

2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

Erik Špila
Erik Špila
answered on Sep 28, 2022

Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.

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1 Answer | Asked in Trademark for California on
Q: Rosa especial Is this one a trademark name

Rosa especial is this a trademark name I look to start a tequila brand I just need a good name

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

that is a very good question. The registrability of this phrase would depend on the territory in which you would like to seek a trademark protection. An attorney/trademark lawyer can make a clearance search for you and advice you at least if that particular name is already...
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1 Answer | Asked in Trademark for California on
Q: What form do I need to transfer ownership of a trademark to a different individual?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 5, 2022

Since a trademark is a business asset that represents the goodwill associated with the goods or services, the right to use the mark can be assigned only along with the business goodwill. The assignment is a simple agreement between the assignor (the trademark owner) in which the mark is assigned... Read more »

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...
Read more »

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...
Read more »

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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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