Well, first off: sorry for your loss. If it's a federal registration that has been abandoned, there could be a 'grace period' for revival. But unless you were in business together, claiming continuous use in commerce could be difficult, unless there's excusable non use. If... View More

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answered on May 1, 2020

The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... View More

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answered on Feb 3, 2020

There are various reasons that a file will be considered abandoned by the USPTO. If the file is considered abandoned for failure to respond to an Office Action or to file the Statement of Use, an applicant may be able to file a Petition to Revive the application. However, the petition must be... View More

We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

you should work with an attorney to make sure you can get the mark.

if it has been while since it expired, most likely you need to file again, start from zero. and hope nobody took it from you.

are you in georgia?

www.legalbizglobal.com

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... View 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... View 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... View 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.

I provide... View 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

You don't need to indicate a... View More

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... View More

You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.

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.

Yes, you are free to resell what you lawfully purchase.

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... View 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... View 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... View More

Can you? Certainly. the Georgia Secretary of State isn't going to search for companies outside of your state when you register your business name.

Should you? That depends on your tolerance for risk of a lawsuit. You would have to consult with an attorney in your state, ideally one... View 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... View More