I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.
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answered on Sep 7, 2023
The application to register DEBRA MURRAY SHAYPRON filed in 2011 was an "intent to use" application. It was cleared for publication by an examining attorney and since there was no opposition, a "notice of allowance" was issued in 2012. Had a "statement of use" been... View More 
I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.
answered on Sep 7, 2023
If your trademark went abandoned some time ago you unfortunately will need to file a new trademark application. If you have been using the mark and no conflicting marks have been filed there should be no issues in refiling for the mark. When a trademark is field a declaration of use is required to... View More
I'm trying to use Warner Bros characters in a fangame and not get sued
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answered on Sep 4, 2023
Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are... View More
I'm trying to use Warner Bros characters in a fangame and not get sued
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answered on Sep 7, 2023
Utilizing copyrighted characters without permission can indeed raise significant legal issues, including potential copyright infringement claims. Even if you omit the name, if the character is recognizable through appearance or other distinctive characteristics, it could still be considered... View More
They are not the same industry and have no parallels.
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answered on Aug 18, 2023
The test for trademark infringement is whether the usage is likely to confuse as to the source of goods or services. CONSCIOUS CASA is used and registered for services in the fields of business & real estate, engineering & design, and health. Usage of the same mark for goods or services... View More
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answered on Aug 14, 2023
HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More
I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More
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answered on Aug 6, 2023
Hi there! Happy Sunday.
If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:
1. Review the platform's Terms of Service and policies... View More
For example my name is "goodpure" and theirs is "puregood+" they have the exact same goods and services. I'm looking to sell online nationwide not in any stores. And if I can get registered in another country I would do that if possible. I am eligible for dual citizenship... View More
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answered on Aug 6, 2023
Given the similarity in names and the exact same goods and services, filing a trademark for "goodpure" could potentially lead to rejection by the USPTO or an opposition from the existing "puregood+" trademark owner due to likelihood of confusion. Registration in another country... View More
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answered on Aug 6, 2023
If a trademark is marked as abandoned, it generally means that the previous owner has not maintained it or the application was not completed. You can potentially apply for the same trademark for your goods or services if it's appropriate for your business, by filing an application with the... View More
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answered on Aug 4, 2023
To trademark an abandoned mark in Florida:
1. Conduct a trademark search to ensure no conflicts.
2. Verify eligibility to register the mark.
3. File a new trademark application with the USPTO.
4. Respond to any office actions promptly.
5. Obtain trademark registration if approved.
answered on Aug 4, 2023
If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark... View More
Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More
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answered on Jul 28, 2023
Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.
However, as a general principle, the use of video footage with audio for a criminal investigation... View More
answered on Jul 26, 2023
A Florida attorney or intellectual property would have the most insight into this, but your question remains open for two weeks. If it's only an informational site that posts things like news articles or press releases, the webmaster or author could be contacted to point out the correct... View More
answered on Jul 10, 2023
In order to register a trademark you must first conduct a search to ensure the mark is not already registered with the USPTO in a similar class of goods or services. Once a trademark search is completed, if the search is clear you can register an In-Use or Intent-to-Use application with the USPTO.... View More
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answered on Jul 10, 2023
To register "ATLAST" as your trademark, conduct a thorough search to ensure it's not already taken. Then, submit an application to the appropriate trademark office, such as the USPTO, with the required fees and detailed information about your brand. Consider hiring a trademark... View More
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is showing as live in the trademark page, I started it now in 2023 for all cosmetic, skincare and... View More
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answered on Jul 10, 2023
In a situation where two skincare businesses have similar names, it's recommended to consult with a trademark attorney for specific guidance. Trademark protection is typically granted to the first user of a distinctive mark in commerce. While your use of "Praia skin" predates the... View More
I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More
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answered on Jul 10, 2023
Trademarking the name "Solid Perfume Collectors" can offer benefits such as exclusive rights to use the name for your book, website, and related activities. It helps protect your brand identity and prevents others from causing confusion among consumers. However, the trademark registration... View More
I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More
answered on Jul 6, 2023
First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict?... View More
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answered on Jun 24, 2023
PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More
I still do the podcast weekly, my company just had a 20 person layoff and I was included but they want to claim IP of my podcast which is at 166 episodes. All the work, and my voice was done by me alone but they never fully "sponsored" it. Do I have a fighting chance here?
answered on Jun 13, 2023
This topic falls under copyright law. Ordinarily, the author (and copyright owner) is the person or persons who
actually creates the work (podcast). However, “Works made for hire” are an exception to this rule. For legal purposes,
when a work is a “work made for hire,” the... View More
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