Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »
This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an...Read more »
A trademark owner or trademark would likely find those trademarks to be confusingly similar and the use of one would likely create a likelihood of confusion with the other, depending on the class/category of the trademarks, etc. Generally speaking, the addition of one letter does not overcome the...Read more »
While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether...Read more »
She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within...Read more »
I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?
Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you...Read more »
You should consult with a trademark attorney regarding using trademarks that are registered. Generally speaking, trademarks are protected within the class of goods or services in which they are used. If, for example, the trademark owner uses the mark for nutrition/health, your use of the mark may...Read more »
We are a towing company, and we use different key words phrases on our website. One of them is Miami Towing, for better search traffic from google. We received a letter from Miami Towing company that has a trademark of that phrase. They have recently filled for it. Am i braking law using it?
Generally speaking, use of a bonafide trademark on a website or advertisements may constitute trademark infringement if such use would likely cause confusion among consumers, such that a person would be confused as to the source of the goods or service that they wish to purchase. However, trademark...Read more »
Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?
The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a...Read more »
There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the...Read more »
Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... Read more »
In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being...Read more »
This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service...Read more »
Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... Read more »
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