You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.
You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you...Read more »
An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.
A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration...Read more »
To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.
You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For...Read more »
Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min
No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is...Read more »
My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... Read more »
It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress...Read more »
I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.
You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that...Read more »
Are you selling the product? Mere possession of an item with a trademark is not necessarily infringement. Selling (i.e. generating revenues and profits) is entirely different. Unfortunately, there is not enough information in your question to provide any further insight. Good luck!
Apple, Inc. is a California corporation. While it's business name is no doubt registered in Florida, as well as everywhere else, you won't get in trouble unless you name your new business "Apple, Inc.", or something similar. Name it something else: "[your first name]...Read more »
Assuming I am selling bedding items such as sheets and pillow casings on Amazon under my trademarked brand "My sleeping comfort" and a competitor with a different brand sells similar items and uses the words "sleeping comfort" in his product title and descriptions, is he in... Read more »
An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using...Read more »
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