Although it might seem like an abandoned trademark is fully available for you to have, it may not be. Sometimes a trademark becomes abandoned because the owner forgot to file one document. It is possible to revive an abandoned trademark if the owner pays a fee and files the right document within... View More

The answer is it depends. If the person who owns the product and product name claims trademark rights to the product name and your name is substantially likely to cause confusion in consumers' minds as to who produced the product, then you would be infringing on the other person's... View More

IF you are talking about a federal registration with the USPTO, then an indication of abandonment for failure to respond usually means that an office action was issued and not responded to during the time for response. An office action is correspondence from the PTO raising a problem of some sort... View More

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.

Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration.... View More

The value of a trademark arises from its use in conjunction with a specific set of goods and/or services. The relationship between the mark and the goods/services is critical. For this reason, the same or similar marks CAN coexist in the market, so long as the coexisting usage is not reasonably... View More

Is your question how to find a different buyer other than the one that is offering to currently buy your trademark?

You likely need a business broker for something like that.

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More... View More

A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair... View More

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other... View More

Hello. Assuming that you are talking about federal registrations, unfortunately, there is no way to convert your mark from one to the other. Instead, a new application has to be filed for the mark on the principal register. You will need to make sure that whatever objection got you moved to the... View More

How much money are you investing in the studio? How much money would it cost to defend if Coca Cola started a dispute? How much more would it cost if they actually sued you? How many business days would be totally lost if you had to participate in the dispute? How much money will you save if you... View More

This is a copyright and trade secret question. A trademark is a brand name.

Copyrights generally do not protect ideas. The protection is for particular forms of expression. There is a doctrine called "scenes a faire." These are general situations that are not unique in life.... View More

I do not know if there is a best online service. It depends on your objective. If you want "cheap", you will find it. If you go to an attorney, you can get advice on strategy for best protecting your market An attorney can help make a selection for protecting combined word and design... View More

A trademark functions to identify the source of the goods. It is a brand name. A design of a t-shirt might not be a band name. The Trademark Manual of Examining Procedure states, "Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and,... View More

In the U.S., one acquires the underlying right to a particular trademark by actually using it in commerce on or in connection with the goods or services being sold under that mark. Neither federal nor state registration creates that senior right. So, assuming that you have had an experienced... View More

Trademarks are symbols or text that uniquely associated with the source of the goods or services. This is generally referred to as a brand name. If it is just a clever saying, it is not a trademark. A phrase can be a trademark, e.g., "I can't believe it's not butter," because it... View More

The examples of singing or a podcast do not seem to service mark specimens. Service marks are generally brand names used in promoting a service. The specimen should demonstrate this promotion. You can see tutorial material at www.uspto.gov. Here, there may be great difficulty in pursuing a service... View More

More facts are needed to address the question. These include how each party is using the words. The basic standard is whether or not use of your trademark will cause a likelihood of confusion in the marketplace as to the source of the goods or services. The question assumes that "Good To... View More