It is not quite clear whether you are seeking to re-file a rejected trademark registration application or file a renewal of an existing registration, but, either way, you should seek the advice of a US trademark lawyer for your best options.
A trademark attorney will discuss your options...Read more »
It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).
If you have a federal registration for the mark, and it is being used for similar goods or services, you can bring an infringement case in federal court. If the new user of the mark is unaware it is registered, it may be possible for you to stop them and even get them to pay damages by sending...Read more »
As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »
Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is...Read more »
It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include...Read more »
For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?
You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining...Read more »
Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at...Read more »
A trademark might still be in use under "common law" even if the associate federal registration has been abandoned and listed as dead. It's even possible that the registration was unintentionally abandoned and if not too much time has passed, the owner could petition to revive the...Read more »
A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.