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California Trademark Questions & Answers
1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: How do I trademark my business and a phrase?
John Espinosa
John Espinosa
answered on May 12, 2018

Learn all about it: https://www.uspto.gov/trademarks-getting-started/trademark-basics

1 Answer | Asked in Trademark for California on
Q: Hi, how can I find out if our Company's name is already trademarked, or if its just logo that is trademarked?
Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

The trademark registration lists what is claimed as a feature of the mark. Look in the Mark Drawing Code and the Description of the Mark sections of the registration. Keep in mind that many companies have multiple registrations. Even though one trademark may claim on the logo, there may be... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?

I am an illustrator using this quote in my art; it is sold on prints, clothing, etc. A clothing company in Southern California has claimed to have trademarked this quote for their clothing business. I was under the impression that books in the public domain were fair game for everyone.

Jason Brooks
Jason Brooks
answered on Apr 12, 2018

Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to... View More

1 Answer | Asked in Trademark for California on
Q: Hi there, what is the process to change the owner of a current Trademark?
Michael Gerity
Michael Gerity
answered on Apr 4, 2018

In order to change the owner of an existing trademark, the usual process is to prepare an assignment agreement. The assignment agreement then has to be recorded with the US Patent and Trademark Office. However, be VERY careful when attempting to assign an active trademark. If you do not transfer... View More

1 Answer | Asked in Copyright and Trademark for California on
Q: if I have a shirt that I wanted to put a unique pocket on for a specific use, can that idea be copyrighted? Trademarked

for example the Women's Sports Bra with cell phone pocket. Was that item trademarked? Copyrighted? And no one else can design another product like it?

Jason Brooks
Jason Brooks
answered on Apr 3, 2018

In short, no. What you're talking about is a design patent, which is a limited duration property right relating to an the unique look of the clothing and not the clothing itself. If the apparel/product has truly unique functions to it, you could also patent those functions with a utility... View More

1 Answer | Asked in Trademark and Copyright for California on
Q: In California is it illegal to sell counterfeit handbags at a resale/consignment store?

I know it is illegal to sell counterfeit handbags but resale stores have them listed as "faux" and at a fraction of the price. My question is, is it illegal?

Benton R Patterson III
Benton R Patterson III
answered on Mar 27, 2018

Yes, it is illegal. Trademark infringement is not excused by disclosing that the goods are counterfeit.

1 Answer | Asked in Trademark for California on
Q: HI I would like to register a trademark that has been abandoned in the US. However there are still products being sold

under this abandoned trademark. Can I register the name? IS there any conflict since it has been abandoned for over a year.

Would the person have to be notified before I was able to register?

Benton R Patterson III
Benton R Patterson III
answered on Mar 27, 2018

A trademark attorney would need to review all the facts to determine if you can register the trademark. The fact the trademark has been abandoned alone is not enough to know you can use the trademark. It would be helpful to know what goods or services were claimed, what goods or services are... View More

1 Answer | Asked in Business Law, Intellectual Property and Trademark for California on
Q: Is it legal for the NFL to tell licensed distributors who THEY can sell to. They want to limit any seller who is online

We are an online seller who is being told to not sell MLB or NFL items on Amazon or e-bay. They want to corner the market and cut out sellers like us who set the markets prices.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 18, 2018

I do not see a patent aspect to your question. Presuming you are selling hats or balls. If so, it is unlikely that patents are in place. Certainly not for all items associated with MLB or NFL. This sounds like a trademark question so you may want to repost your question there.

Most...
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1 Answer | Asked in Adoption, Patents (Intellectual Property), Probate and Trademark for California on
Q: Is it possible to inherit you're grandfather's assets in you're the only heir but we're adopted at birth .
Bill Sweeney
Bill Sweeney
answered on Mar 17, 2018

You should retain counsel to review the facts including intestate and testate issues. Generally, adoptees can take through intestate succession in the same manner as naturally born children. Prob C §6450(b). However, if there is a question regarding legal adoption you should have your counsel... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is risk of trademark infringement if I file DBA for AKME and a company with trademark exists for ACME?

There are trademarks by both large tech company in unrelated industry, and also a trademark by company in the same industry selling similar products.

Michael Gerity
Michael Gerity
answered on Mar 6, 2018

Short answer: yes. The rule for analyzing infringement is to first correct any spelling errors or unusual spellings before doing the analysis. So, for example, "shooze" would first be converted to "shoes," and "2legit" would be converted to "too legit."... View More

1 Answer | Asked in Bankruptcy and Trademark for California on
Q: Hi....I'm filing for chapter 7 bankruptcy. I am a musician.and need to file and intent to use service trademark for my

band's name. Will this trademark be part of the bankruptcy. I was told there are some rules with Trademarks and bankruptcy

Harlene Miller
Harlene Miller
answered on Feb 22, 2018

When filing bankruptcy, you must list all assets you have. This not only includes real property (house), but also personal assets including furnishings, clothing, jewelry, cars, etc. In addition, you must also list any other assets you have an interest in - which would include trademarks,... View More

1 Answer | Asked in Trademark for California on
Q: Hello My question is regarding foreign trademark...can foreign company sue if they have no US trademark?

I launched a business recently for a health product, I have been active on social media, etc. I only market to the US, Latin America and Canada. I am filing for a trademark with the USTPO. I got a message from some Nigerian company that sells a product with the same name in Nigeria. Apparently they... View More

Michael Gerity
Michael Gerity
answered on Feb 7, 2018

The one thing you need to keep in mind is that, while registration is important, the rights to a trademark arise from the actual use of a mark in commerce in conjunction with particular goods and/or services. As such, you will need to be careful to determine whether or not they are using their... View More

1 Answer | Asked in Trademark for California on
Q: Can a trademark registered in classes 9, 25 ,41 reports notice of trademark infringement for a simple handmade poster?

I know that apply for a trademark for posters is Class 16 so I don't understand what is the problem.

Mine is only an handmade watercolor poster.

Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

Possibly so, depending on what goods/services the registered trademark is associated with. The central question is whether there is a likelihood of confusion, not necessarily whether the classes match. It is best to consult a trademark attorney to determine if your poster infringes.

1 Answer | Asked in Trademark for California on
Q: I own a trademark for my company. There's a biz in FL using same name & interfering my company. Can I make them change?

Trademark was approved on Dec 2017.

Benton R Patterson III
Benton R Patterson III
answered on Jan 19, 2018

You likely can. If their use of your trademark interferes with your business it would seem there is a likelihood of confusion between the two companies' trademarks. Before pursuing them it would be best to have an attorney ensure the other company does not have any prior rights in the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can words like ''blaster'', ''starship'' or ''warp drive'' be trademarked or are already generic terms?
Benton R Patterson III
Benton R Patterson III
answered on Dec 26, 2017

These words could be registered as trademarks, but not for what each literally describes.

1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Trademark for California on
Q: Is it legal to use another business name for a business that they are not in business for? I.e. Coca-Cola software

I ask this because if available I can take another business domain name and I've seen companies that are in a different area of business that has the same name of a entity but doesn't do what that entity does.

Julie King
Julie King
answered on Dec 20, 2017

Using another business' name to make money is often a violation of trademark laws. But the answer to your question will depend on the specific facts at issue. For example, Coca-Cola's name and trademark are so well known throughout the world, it would be difficult to think of a situation... View More

1 Answer | Asked in Trademark for California on
Q: Do I need to put TM or ® for text in YouTube videos?

For example, if I were to put "xyz®" company in a title or in a text IN a Youtube video, would I need to put the ® symbol?

Sagar Parikh
Sagar Parikh
answered on Dec 18, 2017

YouTube videos would be copyrighted, not trademarked, so you wouldn't use either one of those symbols.

1 Answer | Asked in Trademark for California on
Q: Hi. If I wish to use a trademarked product name for a different industry of products but they are somewhat correlated...

...am I at risk using that trademark? To be a little more specific, a trademark is owned for a phrase by a brewing company, but I intend to use that phrase for a line of hanging air fresheners that resemble beer hops

Michael Gerity
Michael Gerity
answered on Dec 13, 2017

The standard that applies in all possible infringement analysis is always whether or not there is a reasonable likelihood of confusion as to the source of the goods and/or services. So, if consumers see air fresheners that resemble beer hops, is there a reasonable likelihood that they might be... View More

1 Answer | Asked in Trademark for California on
Q: How similar do businesses have to be pertaining to Likelihood of Confusion?

I'm working to trademark my business name to Veer and we make bicycle belt drivetrains. There is another company named VierBikes and they make quardicycles. If I were to apply for trademark would we likely be denied because our names are too similar and are in similar industries?

Griffin Klema
Griffin Klema
answered on Dec 12, 2017

This is a duplicate question from your other question. See my answer there.

1 Answer | Asked in Trademark for California on
Q: Likelihood of Confusion Question

I'm hoping to trademark my company name as Veer. We make bike parts, but I found a company named VierBikes that makes quadricycles. Would our application possibly be denied or is there enough difference in the name and what we sell that it would be ok?

Griffin Klema
Griffin Klema
answered on Dec 12, 2017

There is no registration for VIERBIKES, so a trademark examiner would not likely deny your U.S. federal registration for VEER. (They generally only search for other trademark registrations, not whether there are other businesses in existence.) However, there are many marks registered as VEER, and... View More

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