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Colorado Trademark Questions & Answers

2 Answers | Asked in Trademark for Colorado on

Q: HI, Selling on Ebay if the name THE NORTH FACE is a trademark violation can you just use North Face?

I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I buy a item it becomes my property and... Read more »

Joanne Belasco answered on May 7, 2019

It depends what your product is and if it will cause confusion in the marketplace with the trademark registered by The North Face. Each trademark is attached to a good or service. If your good or service is the same or similar to the good or service trademarked by The North Face, then you may have... Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on

Q: How much does an application for a patent and trademark for an industrial process cost.

This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.

Peter D. Mlynek answered on Apr 14, 2019

A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Colorado on

Q: I'm starting outdoor business. I'm ordering knives, military backpacks, etc, from vendors in China. Patent issues??

I'm worried about current patents and if I'm putting myself in jeopardy by offering these products?

Kevin E. Flynn answered on Mar 25, 2019

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: I need to get 2 trademarks transferred. We purchased a company and we need them transferred to use.

Just need to Trademarks transferred

Jason Brooks answered on Mar 8, 2019

This is a simple process if you know what you're doing. It's important that any assignment agreement assigns the rights to not just the trademark, but all goodwill associated with the mark as well, which is language that would be drafted into the applicable assignment agreements. If you would... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Colorado on

Q: Is it possible to get approval for use of Denver Broncos logo for apparel?

I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if to go about doing that.

Ashley Dean Powell answered on Nov 13, 2018

It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees. Those... Read more »

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1 Answer | Asked in Trademark for Colorado on

Q: Can I trademark a business name in CO that is already in use for same type of business in CA without a trademark?

Want a federal trademark for a Colorado based business (local and online sales), but the same name is in use in California by another business (same type of product, just not trademarked). We could ship online orders to California based customers, and are concerned about lawsuits based on Common... Read more »

Benton R Patterson III answered on Apr 17, 2018

The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending... Read more »

1 Answer | Asked in Trademark and Copyright for Colorado on

Q: I'd like to reuse my published freelance articles for another site. Can I do that or is it plagiarism?

I started writing freelance for a company that paid $50/article through paypal. However, I never signed any contract stating copyright laws or even a contract saying they would continue to pay me. It was all through email and phone calls. Because I didn't sign a contract, I'd like to reuse the... Read more »

Benton R Patterson III answered on Jan 12, 2018

If you truly have no agreement with them covering the terms of your work, its fine to use your articles for different purposes. Before selling the articles, be sure that there are no terms restricting your rights. There may be a terms of use page or online agreement that you agreed to by... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: I want to trademark my service called Coaching on the Go. But there is a trademark for Coach on the Go.

We are both business coaches but mine would be focused on leadership and sales while the others is entrepreneurship. Would this be considered likelihood of confusion?

Benton R Patterson III answered on Sep 27, 2017

Your proposed trademark is probably too similar to register in light of Coach on the Go. The services are very similar and only a single letter distinguishes the two trademarks. There are other facts that may be relevant though, such as the validity of the other mark and the date on which you... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Colorado on

Q: If the word "vetrepreneur" for veteran entrepreneur is trademarked. Can I trademark "vetrepreneurlife"?

Benton R Patterson III answered on Sep 8, 2017

An attorney would have to know more about the existing mark, your proposed and historical use, and the registration of the first mark to answer this question. Assuming the marks are for the same goods or services, the first mark is valid, and the other mark was used first, you probably cannot... Read more »

1 Answer | Asked in Contracts and Trademark for Colorado on

Q: Our Trademark case says it's still suspended. How do we get it un-suspended? REMEMBERSTUFF

Michael Gerity answered on Aug 23, 2017

It looks like your application was suspended because there was another application filed before it for nearly the same mark. Thus, the other application must run its course to see if it results in a registration before your application can be properly evaluated.

In this particular case,...
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1 Answer | Asked in Trademark for Colorado on

Q: What is "Status710 - Cancelled - Section 8" when speaking in trademark situations?

Michael Gerity answered on Aug 18, 2017

This means that a federal trademark registration was cancelled for failure to file the required proof that the mark was still being used in commerce. An Affidavit of Use (under Section 8) must be filed both between the fifth and sixth year after registration, and then again sometime during the... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: What does Status 641--non-final action--mailed mean for a trademark?

My lawyer, Thomas P. Howard, filed my trademark Big Picture Purpose last year. Paid him in full. I emailed him and called. Phone disconnected. Haven't heard back. I found information online regarding my trademark, and I don't know how to move forward. How do I get in touch with trademark people... Read more »

Walker Weitzel answered on Jun 9, 2017

Unless you choose to handle this yourself, you will need a lawyer to handle the prosecution of your trademark application. Application prosecution is the process of responding to objections and rejections by the trademark office. A non-final action means that there is something about the... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: I sell items on Etsy. One of my listings was recently deactivated for using the phrase 'Man Cub' but my 'A' was a 'tent'

Is this still infringement? This is such a common phrase, and my phrase was not spelt as Man Cub since I replaced the A with a 'tent'. It would be helpful to know the policy.

Tristan Kenyon Schultz answered on Mar 8, 2017

You will need to contact a trademark lawyer directly for specific advice.

For trademarks the issue is brand confusion. A registered mark can apply to a commonly used phase, but the level of protection is comparatively low. There are also issues related to what the mark applies to. That is,...
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1 Answer | Asked in Trademark for Colorado on

Q: My question is on trademarking an acronym along with the full name. Can it be one filing or does it have to be separate?

My new business has a name but I like to use the acronym along with it. To trademark it, do I have to trademark the acronym and the fulll name as two separate trademarks, or can I file them together under one trademark?

For example, if my business name is T.A.P. and the spelled out version... Read more »

Tristan Kenyon Schultz answered on Jan 30, 2017

There are multiple factors to consider that are beyond the scope of Justia's Q&A. For a detailed analysis you will need to contact an attorney directly. As a general rule, acronyms can be included in a single trademark application if certain conditions are met. Most trademark holders favor filing... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on

Q: Can I use trademark Masha and the Bear to name my cafe?

Tristan Kenyon Schultz answered on Jan 11, 2017

Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: I am looking for a Lawyer to file a trademark internationally.

Tristan Kenyon Schultz answered on Oct 31, 2016

Any lawyer familiar with trademarks should be able to file internationally under the Madrid protocol. The protocol covers many developed countries. You can also file in each foreign country (which may provide better protection), but depending on the countries there will likely be additional... Read more »

1 Answer | Asked in Copyright and Trademark for Colorado on

Q: I'm writing a book, and want to title it Damsel in Defense. How can I find out if this term is trademarked?

I am self publishing through Kindle Direct, and do not want to break any copyright laws. I have heard of a company called Damsel in Defense, but wasn't sure if I could still use the terminology for my title.

Tristan Kenyon Schultz answered on Aug 13, 2016

Copyright and trademarks are two different types of intellectual property protection vehicles. Copyrights cover the text (and any images) of the book, while trademarks cover the title and some brand-related images/designs. Here is the link to the USPTO for a trademark search:... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: What does 790 - Cancellation Pending really mean?

A major company with a similar name to mine has a series of trademarks, each have been abandoned OR have a "790 - Cancellation Pending." Google provides no clarity. Does this mean that the trademark IS canceled, but that is being finalized, or does it mean there is a hearing for cancelation that... Read more »

Tristan Kenyon Schultz answered on Nov 1, 2015

"Cancellation pending" means the PTO (Patent and Trademark Office) is reviewing cancelling the mark(s) because of: (1) abandonment, (2) alleged infringement, (3) genericide or (4) a combination of the listed reasons. The marks are still active until they are cancelled or re-instated. Contact a... Read more »

1 Answer | Asked in Trademark for Colorado on

Q: I have a similar business to one that is trademarked in the UK, but mine are strictly hot tub rentals, could I be sued ?

I found an international company doing almost the same thing as me but is trademarked. Could I be sued?

Adam Studnicki answered on Aug 25, 2015

Talk to a local trademark lawyer about this.

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 education only. It is not legal advice, and it may not work for your specific situation. It is...
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