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answered on Jun 13, 2017
Abandonment means that an application has been filed with the Patent and Trademark Office, and the Office found some deficiency in the application that requires a response from the Applicant, but the Applicant failed to respond within a set time period so the application has been denied.
An... View More 
I sell musical instruments online and most of them are imported from China. Recently my listings were removed from eBay for trademark violation. I was surprised because I imported them through legal way, then I found out that the shape of the instrument has already been registered and covered by... View More
answered on Jun 5, 2017
You both may be liable - you as seller, and them as manufacturer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
The idea is to impersonate various fictional characters from various forms of entertainment, such as Mario (Nintendo video game) or Gollum (Lord of the Rings), reading various public domain works of fiction in as close to the character's syntax as possible ("And the princess pricked her... View More
answered on Jun 1, 2017
This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
This pen name would be my stage name for me to fully identify with at all times. Thus, in order to keep my real identity secure and private from anyone doing some research looking to discover the publishing artist real birth given name.
answered on May 30, 2017
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected,... View More
If not, can I list under "precious metals" or "Computers and Scientific devices". I'm sellling a product similar to fitbit fitness trackers wristbands. "precious metals" include watches.
answered on May 24, 2017
Being tricky with the category is not the answer here. You should make sure you have a creative trademark that is not apt to cause brand confusion among typical consumers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More
answered on May 24, 2017
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as... View More
I plan to start a Princess Party business for children. Ideally, I will dress & act as Elsa from Frozen and then develop other Disney Princess Characters. If I do need to purchase rights or a license how do I go about doing so?
answered on May 16, 2017
Yes, you must request a license from Disney. Contact their corporate offices.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
" Kiss My Face " has a lot of marks . Is there a conflict? Will I have a problem with my brand if I register it
answered on Apr 19, 2017
You may encounter a trademark complaint. Why not be more creative to differentiate your company?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
answered on Apr 17, 2017
You can register trademarks at the USPTO and copyrights at the US Copyright Office. The cost varies depending on facts but could range in the low thousands if you hire an attorney to do it properly. More details are necessary to provide a professional analysis of your issue. The best first step is... View More
answered on Apr 5, 2017
Check with the USPTO re: filing fees. Attorneys fees may be significantly more costly, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I'm an EU citizen. I'm interested in trademarking a tagline for my UK company in the US. Does the company need to be registered in the US for me to apply for a trademark? And if so, is it necessary to be a US citizen to register a company in the US? I appreciate your assistance! Best regards!
answered on Mar 27, 2017
If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent... View More
answered on Mar 24, 2017
Usually, yes. See: https://www.uspto.gov/page/about-trademark-infringement
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
I want to start a small clothing line and would like to use a character and font design of Street Sharks. Street Sharks was a cartoon in the 90s.
answered on Mar 22, 2017
Parody defenses to trademark are subject to limitations. See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More
The designs were taken down from my store at www.ZAZZLE.COM for false reasons but later restored when I was proven innocent. The incidents happened on two different occasions but for the same circumstances, once in 2016 and another in 2017. I gave them good faith the first time because I assumed it... View More
answered on Mar 17, 2017
You may need to provide Zazzle with proof of the other party's abuse and evidence of your IP ownership. You may also need to sue the other party for any applicable torts, possibly including libel and intentional interference with contractual relations. More details are necessary to provide a... View More
For example "ABC" is what I will trademark and under that name I'd like to branch to music and clothing. For example, "ABC Clothing" and "ABC Records" Do I need to trademark each of these or are they covered under the initial "ABC" trademark?
answered on Mar 8, 2017
Each trademark needs to be individually registered. See: https://www.uspto.gov/trademarks-getting-started/trademark-basics
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... View More
AMC trademarked this phrase, but I didnt know if that applied only to concession stand sells? My show would be focusing on only the positives for movies weekly, rather than the harsh reviews, for people that just love movies. Thanks!
answered on Feb 24, 2017
You might be able to use that title since I don't hear confusion with the trademark in question, but why not come up with something unique to avoid litigation? See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
More details are necessary to provide a professional analysis... View More
Pi for our brand stands for Postive Impact movement we call it PI for short. We have different logos as well but both in activewear space. Would that other company have any grounds to sue? Do I need to worry or change my name>?
Any advise would help.
Thanks!
Travis
answered on Feb 18, 2017
This forum is not the place for such in-depth analysis of possible IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
I just want to name my personal work spot and I don't want the name to be taking or me get in trouble
answered on Feb 18, 2017
You can trademark names through the USPTO. See: https://www.uspto.gov/trademark
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
We are protesting oil trains going through San Jose and want to use the Phillips 66 logo on our poster rail cars. Is this legal?
answered on Feb 7, 2017
This might qualify as fair use of the trademark since it's for criticism and thus protected First Amendment speech. See: http://www.dmlp.org/legal-guide/using-trademarks-others
More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
For a software company.
answered on Feb 7, 2017
I think you're referring to a copyright, and I believe this phrase may be too generic for that type of protection. See: https://www.copyright.gov/circs/circ34.pdf
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More
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