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California Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for California on
Q: I would like to get an estimated of my case, I was told I can reply myself to USPTO

7EDU trademar, case 87095162

the company that owns SEVENEDU is located in Korea and they don't do business in America, they dont even have content in english, is this relevant?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

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 appearances/ publications on my law practice website. I practice law in... View More

1 Answer | Asked in Business Law and Trademark for California on
Q: My LLC was established in 2015 in the U.S. and I noticed another company filed for a TM over a year later in Canada.

Is this a conflict between the two companies with the same name if they offer similar goods/services and but are in different countries?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

It depends on whether they're both operating in the USA. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: I would like to open an iv infusion service called REVIVE but there's one called REVIV but not in my location - problem?

The other company is multinational nearest location is LA - but we are near SF - is that violation?

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 27, 2017

You may want to look for a different name.

If the other company is a multinational company, then the company most likely already has a registered trademark on the term REVIV. See, http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4802:95aqge.1.1 If so, and if your service is...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: im looking to get my producer name trademarked for all purposes. would it be worth it and how much would it cost me?

im a music producer building my name very quickly. and working on some projects that will be publically released from record labels and such

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Trademarking is not particularly expensive if there are no disputes from opposing parties. The more important consideration in your business should be using professional contracts, setting up your business infrastructure, and other work that a skilled business lawyer can provide you. The best first... View More

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: If a word is trademarked, but you have an additional word to the name/biz, is it violating any trademark laws?

For example I see many Daphne out there, with different spelling, or added words, accents, and in various industries. If I trademark Daphne "something" that doesn't exist yet, is it feasible and protected? Or can existing trademarked Daphne or Daphne " Something-else" potentially sue me

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

It depends on your business, its location, and the actual name you're seeking to trademark. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Business Formation and Trademark for California on
Q: Similar business names, same vertical

I want to start a 501c3 (animal rescue organization). I have a company name I'd like to incorporate and have been doing my research and found one possible conflict. Say I want to register "Hope for Paws" but I come across a business called "Hope 4 Paws." It's not a... View More

Zaher Fallahi
Zaher Fallahi
answered on Dec 24, 2016

You sound very sophisticated and have already found your answer to some of the issues. It would be advisable to consult a local lawyer to be on the safe side. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting... View More

1 Answer | Asked in Trademark for California on
Q: Hello, I opened a business in 2009. Registered it but did not file a trademark. Just recentlly

a company out of state called for me to remove my co name as it is similar. He filed trademark 2-2016. He owns since 2012 . Do I have rights to keep my company name? city did all including placing in newspaper few days when I registered it in 2009. My mistake was not filing a trademark. Do I have... View More

Mathew Auric
Mathew Auric
answered on Nov 29, 2016

Generally if you have prior use then you have a right to continue that use. Here as you began using the name in commerce in 2009 and he did not until 2012 you could show prior use. However you may want to discuss your situation with an attorney.

1 Answer | Asked in Business Formation and Trademark for California on
Q: If a company has their name trademarked, for example, Shopkins; does that mean a product name like Royal Cupcake is too?
Zaher Fallahi
Zaher Fallahi
answered on Nov 25, 2016

Generally, a product is trade-marked, not a company name. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is intended for solicitation purposes. For specific advice, please consult an... View More

1 Answer | Asked in Business Law and Trademark for California on
Q: Can someone file for a trademark on a product that you Created and actively sell, and immediately serve you C&D?
N. Munro Merrick
N. Munro Merrick
answered on Oct 9, 2016

This is a trademark/intellectual property question.

Q: Am I allowed to use the word kardashian in my domain. Like perezhilton does mine will something like kylekardashian.com?

The way that perezhilton.com wanted his name to sound similar to paris hilton, would I be able to use the same idea for the kardashian name? If I do not claim to have any affiliation with the family and is just a celebrity blog?

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

You need to consult an attortney who handles trademarks and the like. It may be you can if the site has a disclaimer.

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: I submitted a DBA as "movement music" but I am going to brand the org. as "movement drum" Should i resubmit. Sole Prop.

I am a Sole Proprietor, and the form is being processed.

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

You can have multiple DBAs.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
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1 Answer | Asked in Trademark, Business Formation and Business Law for California on
Q: I sell cosmetics. can my lipstick name be same as another companies lipstick name, like "princess" if they did not TM?

so I am going to sell fake eyelashes and I have names to list the individual characteristic of the lashes, but I noticed other companies have named their lashes the same name like "princess" or "duchess" etc. my business name is entirely original. Would it be ok to name an a... View More

Adam Studnicki
Adam Studnicki
answered on Feb 6, 2016

Best to talk to intellectual property counsel before making big investments.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Trademark for California on
Q: If a name is trademarked by a company, are we allowed to use it as the name for our non-profit organization?

We currently have a student organization at UCLA with a great name, and we are working on developing it into a non-profit organization. Unfortunately, we recently learned that this name has been trademarked by a company based in Canada. Are we still allowed to use the name for our non-profit? We... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

Look for another name that has not been trademarked. No, you cannot use someone else's trademark.

1 Answer | Asked in Trademark for California on
Q: If someone has filed for a trademark without the "the" in front of the name, can I file one using the "the"?

This is for a trademark for a singing group.

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

When analyzing trademarks, the specifics need to be looked at. That said, generally speaking, unlikely. A local trademark lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Trademark for California on
Q: I am considering starting a record company, but one exists with the same name, different spelling.

I am considering starting a record label (Comotion Records) but apparently is seems there is a Commotion Records. Would I be infringing on their trademarks/ Copyrights using that same name (though the spelling is different)?

Adam Studnicki
Adam Studnicki
answered on Jul 19, 2015

Likely this will be a problem. A local trademark lawyer can verify.

1 Answer | Asked in Trademark for California on
Q: how much is to register the trademark?

I want to get a trademark for our hair business in USA。 How much is it?

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Different lawyers charge different amounts, plus the USPTO office has their own fees. You can check uspto.gov for their fee schedule and contact lawyers about their legal fees.

1 Answer | Asked in Trademark for California on
Q: Can you use "Why Who You Work With Matters"

In a real estate flyer we were going to put "who you work with matters" and just found out we can't because it's trademarked by a realtor

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If that mark has been registered for use in real estate services, you should not use that mark for offering real estate services. If you do, you may get sued for service mark...
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1 Answer | Asked in Trademark for California on
Q: IF I DO A WORD THAT IS TRADEMARK BUT WITH A DIFFEREN FONT CAN I TRADEMARK IT
Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 1, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the trademark is already registered by someone else for the class of goods you intend to use it in, you will not be able to register that trademark either in "standard...
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1 Answer | Asked in Trademark for California on
Q: I have a question regarding re-filing a trademark.

I have a trademark that is currently dead and I wanted to know how I can go about re-filing and what is the quickest and easiest way to do it. Also, what is the cost?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 15, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

My suggestion is that you retain an attorney to assist you. Your attorney can purchase a professional trademark search to ascertain if anyone else is using or has registered the...
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1 Answer | Asked in Trademark for California on
Q: would a trademark for Life Box (2 words) conflict with a trademark for lifeBox (one word)?
Andy Chen
Andy Chen
answered on Nov 28, 2014

It depends on the context in which the two are being used and how likely the average consumer is to confuse one for the other.

Andy

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