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California Trademark Questions & Answers
1 Answer | Asked in Civil Rights and Trademark for California on
Q: Hello, i want to know if a roofing buisness in california , is it possible to advertise service with a star wars vibe?

with star wars i mean , My company name will be ROOF WARS , and it will look like a star wars theme company , that focuses in roofs.

Thanks

Louis George Fazzi
Louis George Fazzi answered on Apr 5, 2021

Before you do that I suggest you contact the Disney company and get their approval before you start using images or characters based on Star Wars as the theme of your new business. You may run afoul of their copyrights or trademarks if you use direct copies of their Star Wars themes or characters.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
Read more »

1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... Read more »

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: If I start a devotional blogger aimed at upholding Jedi conduct for better habits, do I need to ask Disney's permission?

This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

Don't guess how protective Disney will be about any of its copyrighted materials once you start doing a website using or referring to them. I would even search "Jedi" to see if it is copyrighted. You should have a consultation with an intellectual property attorney who can guide... Read more »

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: If I start a devotional blogger aimed at upholding Jedi conduct for better habits, do I need to ask Disney's permission?

This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.

Robert Philip Cogan
Robert Philip Cogan answered on Jan 25, 2021

The question raises copyright and trademark questions. In all likelihood Disney would not care if you supported the franchise. The facts do not indicate how you would make references to Disney properties or possibly use them. There may be ways to do it right. There are very many ways to do it... Read more »

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1 Answer | Asked in Business Law and Trademark for California on
Q: Through Trademark Terminal Your Brand Performs More Trading Over Internet?

Since this is an era of effective businesses though the ecommerce channels and Trademark Terminal is providing the elevation in the quality to do the same. Almost all of the customers and clients are using the medium of internet as their basis communication and collaboration route. Trademark... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Jan 18, 2021

Website rankings and trademarks are different things. It might be a good idea to read the Trademark Terminal website and see if they actually say that they make your brand more appealing. They might not. You might want to call an intellectual property attorney. Many give free initial consultations.

2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

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3 Answers | Asked in Trademark for California on
Q: If someone has a Trademark in the same market (Fitness) but for different goods & services can I still use the name?

Example- If someone was a Trademark with the name "GLO" for a fitness website. And their goods and services solely cover the creation of any fitness sites or blogs that provide non-downloadable articles for advice on fitness, Could I trade mark the name "GLO" for a fitness clothing brand?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 22, 2020

Very unlikely will cause or can be claimed it will cause confusion

I recommend looking at something different

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2 Answers | Asked in Trademark for California on
Q: Someone with knowledge of my work applied for a California trademark.

Knowing I was in the process of applying for a Federal trademark, they one upped me and claimed my product as their own and began dealing with my production companies. Would the Lanham Act, 15 U.S.C. § 1051 et. seq. be of any use to me years after the fact?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 20, 2020

Depends on how long it has passed, how long you have had your trademark, and IF you got your registration.

IT may be also fraud, and you can stop him/her if you have rightful ownership.

Consult with an attorney

Marcos, attorney for the creative classes

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3 Answers | Asked in Trademark for California on
Q: It looks like this Trademark was abandoned, does that mean I can buy it?
Evelyn Suero
Evelyn Suero answered on Dec 14, 2020

A trademark application may have a status of abandoned for failure to timely respond to an office action or some other required filing. This does not mean the mark is not in use. Using an identical or similar trademark in the same/related class/category as a trademark in use may give rise to a... Read more »

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2 Answers | Asked in Trademark for California on
Q: Hi I can see that Home Body is trademarked but seemingly as a book. would i be able to put the phrase home body on a top
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 12, 2020

Depends

It depends on how the other mark is used and whether they may file an opposition to your application

Even though they are different applications it may be considered confusing

Consult with an attorney

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2 Answers | Asked in Trademark for California on
Q: How do I remove this trademark from record/display?

Decided to abandon and not utilize trademark for marketing purposes and would like image removed from record or display

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2020

There is a process for doing it. It is called express abandonment.

Contact an attorney for any help on getting this done.

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3 Answers | Asked in Trademark for California on
Q: Hi. I would like to use the name feasty? Am I allowed to use it?
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 23, 2020

Is "feasty" a made up word? Your use in commerce to identify the source of goods or services is use as a trademark. If you want nation wide protection then contact an attorney with Trademark experience who can file an application. Cost including the Federal Trademark Office filing fee... Read more »

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1 Answer | Asked in Identity Theft, Lemon Law, Sexual Harassment and Trademark for California on
Q: Can you help me p

Someone been got into my phone

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Please consult a privacy attorney to help you with this matter.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I have a product that I would like to register under a CC license, do I need a trademark for the logo and brand name?

Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.

Timothy John Billick
Timothy John Billick answered on Oct 22, 2020

Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... Read more »

3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Evelyn Suero
Evelyn Suero answered on Oct 12, 2020

A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... Read more »

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2 Answers | Asked in Trademark for California on
Q: how do i take over a trademark

trademark for our club patch has expired brian is no longer part of our club i need ownership of patch

Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.

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2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I used the "LA' from the LA Dodgers & printed on a hat to sell, is that trademark infringement? Upside down as well?

For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?

Evelyn Suero
Evelyn Suero answered on Sep 27, 2020

If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.

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