Lawyers, Answer Questions  & Get Points Log In
Colorado Trademark Questions & Answers
4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.

The Mark cannot be similar in sight of...
Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: I am designing shoes and named one pair Kill Bill. Could I get in trouble for trademark infringement?

It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.

John B. Hudak
John B. Hudak answered on Jun 10, 2020

When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.

You can search for trademarks on TESS. Your trademark search should include more than TESS.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to...
Read more »

View More Answers

1 Answer | Asked in Trademark for Colorado on
Q: Where on the Trademark Details does it show an Active trademark?
Evelyn Suero
Evelyn Suero answered on Jun 1, 2020

If you are referring to the active status of a federal trademark registration, you can conduct a trademark search using TESS on the USPTO website and the results will indicate which marks have "active registrations". However, you should note that unregistered trademarks in use and/or... Read more »

2 Answers | Asked in Trademark for Colorado on
Q: I am trademarking my business name: SpecificNameX Training.

If in the future I'd like to add a component to the business & TM a new name (similar but with a new word at the end) SpecificNameX Studios, will I be able to?

Bill Hulsey
Bill Hulsey answered on May 16, 2020

Probably. Consider establishing a family of marks.

View More Answers

1 Answer | Asked in Trademark for Colorado on
Q: Question about expired trademark

I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies... Read more »

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... Read more »

Joanne Belasco
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 »

View More Answers

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
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.

View More Answers

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
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
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... 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 so...how to go about doing that.

Ashley Dean Powell
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.... Read more »

View More Answers

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
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... Read more »

Benton R Patterson III
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
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
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
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,...
Read more »

1 Answer | Asked in Trademark for Colorado on
Q: What is "Status710 - Cancelled - Section 8" when speaking in trademark situations?
Michael Gerity
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... Read more »

Walker Weitzel
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
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,...
Read more »

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
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... 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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.