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California Trademark Questions & Answers

1 Answer | Asked in Trademark for California on

Q: My Trademark has been denied because the name of our Company is "descriptive of the product we are selling".

If I add our logo will the trademark then be approved or do I need to add something to the name itself?

Robert Philip Cogan answered on Aug 16, 2019

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...
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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on

Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
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1 Answer | Asked in Copyright and Trademark for California on

Q: When if I had a brand name, and someone else is using it now. I can prove it.

I also had the same brand name for pod cast

Robert Philip Cogan answered on Jul 18, 2019

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 »

1 Answer | Asked in Trademark for California on

Q: I have a trademark under an LLC that was closed 6 years ago, trademark is still valid.

What is easiest way to get tradmark back?

John Martin Hilla answered on Jul 2, 2019

The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce.

Depending on the situation, the trademark may be assignable to you

You should consult a trademark...
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2 Answers | Asked in Trademark and Intellectual Property for California on

Q: Is it legal to sell wireless earbuds that look like Airpods but have a different brand and no reference to Apple at all?

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?

Kevin E. Flynn answered on Jun 21, 2019

I will defer to trademark attorneys on possible issues under trade dress.

However, if Apple has a design patent on the ornamental appearance of these earbuds, then you may be subject to suit for patent infringement.

For an introduction to patent searching --...
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1 Answer | Asked in Trademark for California on

Q: Can I trademark or use the word “Screendosist”, even tho the word “dosist” Is already trademarked?

“Screendosist” would be used for a potencial YouTube Channel and merchandise.

John Martin Hilla answered on Jun 17, 2019

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 »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on

Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos answered on Jun 10, 2019

You should apply for a trademark application.

1 Answer | Asked in Trademark for California on

Q: Im from Sth.America. How long'd take for me and exactly or approximately how much money to trademark?PleaseTellMeDetails

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 »

Ahaji Kirk Amos answered on May 30, 2019

You should open a business and file the application using the business name. The business would own any trademark that issues.

2 Answers | Asked in Trademark for California on

Q: is it possible I can obtain a trademark which status is dead ? what should I do to obtain it ,thanks

Griffin Klema answered on Apr 24, 2019

Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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2 Answers | Asked in Trademark for California on

Q: How exact does the wording in a word mark trademark have to be for infringement in the same class? Synonyms?

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 »

Ahaji Kirk Amos answered on Mar 21, 2019

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 »

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2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on

Q: can I use companies trademarked logos on another brand listing that makes money?

this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.

Thomas A. Grossman answered on Feb 18, 2019

Only if you want to risk being sued by the other companies for Trademark Infringement.

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1 Answer | Asked in Intellectual Property and Trademark for California on

Q: Can a trademark name be the same but registered in different classes by another company using the same exact trademark?

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?

John Martin Hilla answered on Jan 25, 2019

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 »

1 Answer | Asked in Trademark for California on

Q: Is is possible to get a trademark without an attorney?

John Martin Hilla answered on Jan 21, 2019

It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.

However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a trademark, this...
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1 Answer | Asked in Trademark for California on

Q: i need help to protect my trademark Lanai beachwear

John Martin Hilla answered on Jan 19, 2019

Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.

1 Answer | Asked in Trademark for California on

Q: Hello I need to revive my trademark it was a pure oversight I apologize.

Jason Brooks answered on Jan 9, 2019

No need to apologize, you posted to a legal question and answer forum, not a law firm, a lawyer in particular, or anyone who is even in charge of overseeing your trademark.

Depending on the circumstances of the abandonment, and the specific “oversight” you’ve mentioned, it may be...
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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for California on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

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!

Ali Shahrestani, Esq. answered on Jan 2, 2019

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 »

1 Answer | Asked in Trademark for California on

Q: how much will it cost me to get a logo trademarked?

It is a 200 emoji

John Martin Hilla answered on Dec 28, 2018

This will be a question with variable answers depending on which attorney you consult. Fees will vary from attorney to attorney and also depending on what service level you request.

An attorney may charge separately from the actual application preparation, filing, and monitoring for an...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on

Q: Hello i have a question What is the difference between copyright, patent, trademark? Wound i need to have all 3

I want to design a logo so would i need all 3

Trademark, copyright, patent

Peter D. Mlynek answered on Dec 7, 2018

You'd just trademark it.

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1 Answer | Asked in Intellectual Property and Trademark for California on

Q: I have a design with the word "Fortnite" inside the design but its not the logo of "fortnite". Is this infringement?

Can I still use the name in a different font with no logo?

Griffin Klema answered on Nov 30, 2018

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 »

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for California on

Q: How to apply a trademark for AirTrackMats.com?

Peter D. Mlynek answered on Sep 1, 2018

If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.

If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.

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