Colorado Trademark Questions & Answers

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

1 Answer | Asked in Trademark for Colorado on
Answered on Mar 8, 2019
Jason Brooks' answer
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 like assistance in this process, please feel free to email me at: jason@altviewlawgroup.com

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

2 Answers | Asked in Trademark and Intellectual Property for Colorado on
Answered on Nov 13, 2018
Ashley Dean Powell's answer
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 categories are probably among the most competitive/difficult to enter. Other, smaller and less popular categories (think different types of products) may be a little easier to enter.

These are the...

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

1 Answer | Asked in Trademark for Colorado on
Answered on Apr 17, 2018
Benton R Patterson III's answer
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 on the facts, it may still be worthwhile to register the mark at the federal or Colorado state level.

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

1 Answer | Asked in Trademark and Copyright for Colorado on
Answered on Jan 12, 2018
Benton R Patterson III's answer
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 submitted articles or accepting payment. Going forward as a freelance writer, it would be best to get publishers to sign a contract indicating that you do own the copyright to your work. An intellectual...

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

1 Answer | Asked in Trademark for Colorado on
Answered on Sep 27, 2017
Benton R Patterson III's answer
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 first used your mark compared to his. Mostly likely, you cannot register the trademark, but an attorney would need to review all the facts to make a determination.

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

1 Answer | Asked in Intellectual Property and Trademark for Colorado on
Answered on Sep 8, 2017
Benton R Patterson III's answer
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 register the trademark vetrepreneurlife. These assumptions may change upon review all the facts though.

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

1 Answer | Asked in Contracts and Trademark for Colorado on
Answered on Aug 23, 2017
Michael Gerity's answer
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, the other application had an office action issued in November, just a little bit after your application was placed on suspension. An office action is a document raising some kind of problem with their...

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

1 Answer | Asked in Trademark for Colorado on
Answered on Aug 18, 2017
Michael Gerity's answer
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 year before the end of every ten-year period after the registration date. You do get a six month grace period after the end of each of those periods, but that requires an additional fee. The affidavit...

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

1 Answer | Asked in Trademark for Colorado on
Answered on Jun 9, 2017
Walker Weitzel's answer
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 application that needs to be addressed by you or your lawyer. Many lawyers (myself included) offer free initial consultations. I would recommend speaking with a lawyer to discuss the specifics of your case to...

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'

1 Answer | Asked in Trademark for Colorado on
Answered on Mar 8, 2017
Tristan Kenyon Schultz's answer
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, the registration only applies to certain goods or services. There are also numerous exceptions--like fair use.

A lawyer will need to review your use and review the alleged abuse to make a...

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?

1 Answer | Asked in Trademark for Colorado on
Answered on Jan 30, 2017
Tristan Kenyon Schultz's answer
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 multiple applications because a separate application affords greater protection, but based on the nature of the use a separate filing may be unnecessary (this is something an attorney could review)....

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

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Answered on Jan 11, 2017
Tristan Kenyon Schultz's answer
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 confusion, so part of the legality of the mark's use related to the pre-existing use. If there is an overlap in type of use and the name is registered federally or in Colorado, you likely cannot use...

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

1 Answer | Asked in Trademark for Colorado on
Answered on Oct 31, 2016
Tristan Kenyon Schultz's answer
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 procedures. Also note, there are noticeable difference between most countries' trademark laws. The best advice is to contact some attorneys to see if they are familiar with international filings. Lastly, be...

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

1 Answer | Asked in Copyright and Trademark for Colorado on
Answered on Aug 13, 2016
Tristan Kenyon Schultz's answer
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: https://www.uspto.gov/trademark . There is no copyright search engine available, but the biggest test is did you independently create all the images and text of the book (note photoshoping or paraphrasing may not qualify...

Q: What does 790 - Cancellation Pending really mean?

1 Answer | Asked in Trademark for Colorado on
Answered on Nov 1, 2015
Tristan Kenyon Schultz's answer
"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 lawyer before you attempt to register your similar mark.

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 ?

1 Answer | Asked in Trademark for Colorado on
Answered on Aug 25, 2015
Adam Studnicki's answer
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 impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...

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