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 »
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 »
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