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California Trademark Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Trademark for California on
Q: Human trafficking I'm a single mother me and my son's came from New Mexico they were abducted a year and a half ago I

Have seen in my face , but since I've been out for only not even three years yet I came out here to San Francisco CALIFORNIA to find my two sons xx and xx from Socorro new Mexico

James L. Arrasmith
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answered on Aug 7, 2024

I'm so sorry to hear about your situation. The first thing you should do is contact the National Human Trafficking Hotline at 1-888-373-7888 for immediate assistance and advice on what steps to take next. They can provide resources, support, and connect you with local services in San... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can I purchase the trademark thunder & lightning? It appears to be abandoned.
James L. Arrasmith
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answered on Aug 19, 2023

If the trademark "Thunder & Lightning" is abandoned and not currently in use, you may have the opportunity to file a new trademark application to acquire it. However, it's recommended to conduct a thorough trademark search to ensure there are no conflicting marks and to consult... View More

1 Answer | Asked in Trademark for California on
Q: hi i think someone is going against another trademark
James L. Arrasmith
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answered on Jul 6, 2023

If you suspect trademark infringement, gather evidence and consult with a trademark attorney for guidance. Consider sending a cease and desist letter, and if necessary, pursue legal action. Keep detailed records throughout the process. Remember, a trademark attorney can provide personalized advice... View More

1 Answer | Asked in Trademark for California on
Q: Can statutory damages for TM infringement and counterfeiting be retroactive to the application date?

I applied for TM registration in Jan 2022. The mark was registered in Feb 2023. After I applied but prior to registration my TM was infringed and counterfeited. I am wondering if statutory damages are available retroactively to the date of my TM application or only available for infringement after... View More

James L. Arrasmith
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answered on Jul 6, 2023

In the United States, the availability of statutory damages for trademark infringement and counterfeiting can depend on factors such as the date of the trademark application and registration. Statutory damages are meant to compensate trademark owners for infringement.

2 Answers | Asked in Stockbroker Fraud, Trademark and Wrongful Death for California on
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help

Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 23, 2023

you must clarify what you are asking.........

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1 Answer | Asked in Trademark for California on
Q: Has anyone used the trademark CoCo ?
James L. Arrasmith
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answered on Mar 28, 2023

Yes, the trademark "CoCo" has been used by several companies for different products and services. One notable example is the Radio Shack Color Computer (CoCo), which was a series of home computers released in the 1980s. The CoCo was popular among hobbyists and enthusiasts and was used for... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Law and Trademark for California on
Q: I'm an Undocumented. Am I able to Apply for LLC to start a business to hire a Documented person or not ??

I am an former Afghan official, Due to the situation in Afghanistan came to the US via Mexican border with illegal entry, but have paroled via Department of Homeland Security that expired and applied for renewal.

Now i have the financial Ability to start a business, am i able to get an LLC... View More

James L. Arrasmith
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answered on Feb 20, 2023

As an undocumented person, you may be able to apply for an LLC and start a business in the United States, as there is no citizenship requirement for owning or operating a business. However, you may encounter challenges related to licensing, permits, and other legal requirements.

When it...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
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2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

Erik Špila
Erik Špila
answered on Sep 28, 2022

Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.

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1 Answer | Asked in Trademark for California on
Q: Rosa especial Is this one a trademark name

Rosa especial is this a trademark name I look to start a tequila brand I just need a good name

Erik Špila
Erik Špila
answered on Aug 21, 2022

Dear Mrs or Mr,

that is a very good question. The registrability of this phrase would depend on the territory in which you would like to seek a trademark protection. An attorney/trademark lawyer can make a clearance search for you and advice you at least if that particular name is already...
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1 Answer | Asked in Trademark for California on
Q: What form do I need to transfer ownership of a trademark to a different individual?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 5, 2022

Since a trademark is a business asset that represents the goodwill associated with the goods or services, the right to use the mark can be assigned only along with the business goodwill. The assignment is a simple agreement between the assignor (the trademark owner) in which the mark is assigned... View More

1 Answer | Asked in Trademark for California on
Q: Can I register a trademark for a name that I used first, but another company is using it?

Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Federal registration of a trademark is based on its "use in commerce" which generally means sales (or at least advertising for sale). Whether the nature of your prior use qualifies is problematic.

You should consult a qualified trademark attorney to review the matter and advise...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... View More

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: Do I need a patent if i'm building an app in a new space that doesnt't exist yet?

I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 25, 2022

If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... View More

1 Answer | Asked in Trademark for California on
Q: does my product qualify under trademark dress

i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and... View More

2 Answers | Asked in Trademark for California on
Q: hi there i would like to trademark a name.. how would i go about doing this?

i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.

John Martin Hilla
John Martin Hilla
answered on Mar 22, 2022

The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to...
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2 Answers | Asked in Trademark for California on
Q: Registered a trademark, however it appears as abandoned or failure to response. Is there a quick solution to this?

Trademark name : CELOSA ROSE

Dane E. Johnson
Dane E. Johnson
answered on Mar 16, 2022

The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support... View More

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... View More

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... View More

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1 Answer | Asked in Trademark for California on
Q: can you trademark a smile ( two dots for eyes over a U) with the word revel
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2021

Maybe

It depends on the use and differentiation to other marks.

Consult with an attorney.

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