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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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