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California Trademark Questions & Answers
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
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... View More

Ahaji Kirk Amos
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... View 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
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
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... View More

1 Answer | Asked in Trademark for California on
Q: Is is possible to get a trademark without an attorney?
John Martin Hilla
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...
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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
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
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 Trademark for California on
Q: how much will it cost me to get a logo trademarked?

It is a 200 emoji

John Martin Hilla
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
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
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... View 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
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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Does it violate the copyright if I sell my own solution in an ecommerce platform? The Unofficial title is on the cover
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 30, 2018

If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.

If you write a code that solves a technical problem in a different way, and...
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1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Clothing brand, class 025: (example name!) if " GREEN APPLE" is trademarked, could I trademark "GreenApple World"?

Someone unfortunately filed for trademark almost 4 months before me, even if I have been on social media before them and bought domain name before them. I need to know if I have any chances trademarking something similar to not loose years of working on this.

Also, I know filing for... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 18, 2018

Yes, you may be able to fight the registration if you were using your name before they did.

You should talk to a trademark attorney on what steps you need to take to preserve your rights, and possibly invalidate the other person's trademark registration.

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Is it ok to trademark the name of my greeting card company with the words greeting card in it.
Benton R Patterson III
Benton R Patterson III
answered on Aug 17, 2018

An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: When trademarking a brand name, can a colon or hyphen be incorporated within the name?
Benton R Patterson III
Benton R Patterson III
answered on Aug 2, 2018

Yes, special characters can be incorporated into a trademark.

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: What kind of rights would I need so nobody can duplicate my idea or what I’m want to do.

I want to create a toy or some kind of figurine of a public figure (not a celebrity)that hasn’t been created yet. As far as my knowledge they don’t have a patent or a trademark on it.

What kind of rights do I need so I can protect my idea and get royalties if it’s every duplicated

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 19, 2018

This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to... View More

1 Answer | Asked in Trademark for California on
Q: What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?

I filed Declaration 8&9 at the very end of the 10 year period, which ended in June this year. About 10 days later, after the end of the 10 year period, I received an Office Action saying that the specimen was deficient. I responded to the action on TEAS with the substitute specimens that I... View More

Benton R Patterson III
Benton R Patterson III
answered on Jul 11, 2018

You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Internet Law for California on
Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?

For example: I trademark HappyCamper (just an example) and there's already a taken domain that's happycamper.com, could I get that domain?

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

1 Answer | Asked in Business Law, Intellectual Property and Trademark for California on
Q: In regards to food, can I use a branded product as a main ingredient for a recipe?

For example, can a business use a cereal (like Honey Nut Cheerios) as a main ingredient when making ice cream? Can the ice cream flavor be labeled as Honey Nut Cheerios?

Thomas A. Grossman
Thomas A. Grossman
answered on Jun 28, 2018

I think you can use any product you buy as an ingredient in a food product, especially if it is your own recipe. As to calling the final product the same name, you me get yourself in trouble there, as the name may be trademarked.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I apply for a cancelled trademark, what rights does that give me to the original concept to which it applied?

I'm looking at toys.

Jason Brooks
Jason Brooks
answered on May 14, 2018

None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.

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