You application was abandoned.

You need to review the reason of the refusal and try again or a different mark.

You should consult with an attorney.

A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.

The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is... View More

Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes... View More

It is possible that this phrase is protected under trademark law. In which case, the scope of your rights could be determined by any prior use of the same or similar mark.

Whether your use of a mark infringes on someone else's use hinges on a number of factors including:

(1)... View More

You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... View More

Go to USPTO

You should consult with an attorney to assess your risks and options.

An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain... View More

Steve Charles Vondran Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2020

Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many... View More

A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... View More

Trademark infringement is similarity in sight or sound for similar goods or services. If the other company has a registered trademark for DIAMOND COSMETICS in connection with makeup, cosmetics, etc., then they are most likely entitled to exclusive, nationwide use of the mark, and your use of the... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... View More

You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.

Good Luck

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A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other... View More

You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,... View More

Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... View More

I'm a little unclear as to what you're intending to do ...

If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,... View More

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... View More

You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.