I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... Read more »
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process...Read more »
Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.
Before proceeding to attempt to register the same trademark, you should consult with...Read more »
It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign...Read more »
You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.
Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us
In where they asked if I wanted to submit my poems for potential entry into their... Read more »
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have...Read more »
An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.
It probably means the proceeding to cancel a trademark has come to an end. Whether the trademark has been canceled or remains registered and enforceable is a different issue. If you would like more information about "dead" trademarks (including canceled ones), I have written a blog post...Read more »
Depending on where you are in the process of using a trademark, you may have already acquired some rights in it. If you have your "brand" word and/or a logo design, and you are using them "in commerce" within your state, then under the common law, provided you are not...Read more »
Generally, it depends on how unrelated the two products are. For a basic word mark, if company A sells lumber, company B should avoid using the same word to sell construction services or furniture because these may be natural extensions of company A, even though the products are different. If...Read more »
A friend of mine is a fight promoter for a local boxing club. There is an admission charged to see the fights, and there are concessions sold. For the moment, the money from ticket and concession sales is only enough to cover his overhead. He was telling me that he was considering setting up an... Read more »
This comes up all the time for bar owners. Your friend has to purchase a commercial license to show the PPV broadcast. Commercial licenses are more expensive than personal licenses. The prices are typically tied to the size of the venue or the number of people attending. He would need to...Read more »
Per USPTO the trademark for Billionheir is owned by a person in Maryland. USPTO also shows that the trademark is dead/abandoned. I am aware that the name could be protected under the (TM). Is there a way to find out if this name is still being used? and if so where can I find this information?... Read more »
To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.
Was this a state trademark filing or a national one? The renewal document for a NY state trademark is just called an "Application for Renewal," so your use of the title "statement of use" suggests to me that we are talking about a national trademark filed with the US Patent and...Read more »
I have modified a collegiate logo, but people will still associate it with the college (that's the point). I just want to figure out whether I will get in trouble or not. I can send a picture of the logo to you if you can help me! Thanks!
If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost...Read more »
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