Possibly, trademark cancellation refers to the trademark's registration. The mark may have been cancelled as a result of an opposition proceeding by a competing trademark owner or the USPTO may have cancelled the mark for failure to maintain required filings, in which case this trademark...Read more »
You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly...Read more »
I understand that you cannot use the stylized version of the word (eg: logo) belonging to the filer; however, I am confused as to whether or not the trademark prevents individuals from using this basic word.
Many basic words are used as trademarks. Your use of even a part of the trademark in the same category/class of goods may be confusingly similar to consumers and will likely be deemed as infringement. Also, the trademark office may reject such an application for registration on the basis of...Read more »
While the designation on the USPTO may say "abandoned", it does not mean that the owner of the mark is not continuing to use it. It just means that the person failed to deliver the materials/information required by the USPTO to proceed. It would be good for you to do a thorough search...Read more »
In the United States, trademark rights under common law are based on priority of use, not registration. It is possible that this trademark owner has continued to use the trademark, but just simply failed to file the necessary maintenance failings in order to keep the registration alive. Your use...Read more »
If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.
Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and...Read more »
I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can...Read more »
This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,...Read more »
Our company just received a trademark violation for “we droppin”. We are using “where we droppin boys” on pajamas. That phrase is not trademarked. They are claiming we are infringing on their trademark. Are we?
You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.
I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.
The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore...Read more »
I want to remain anonymous so I'll just use a made up example. Let's say there was a company called "Home Improvement Shop" and that company had a trademark on that name. Could I start a company called "Do-It-Yourself Depot", and then under that say "Home... Read more »
An attorney would need to review the exact language. Based on the limited information, this probably is trademark infringement because it would likely result in confusion of the source, sponsorship, or affiliation with the other company's trademark. A federal trademark provides nationwide...Read more »
I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)
Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,
Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed...Read more »
You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you...Read more »
Looking to start a business. Initial research indicated that the name selected was unused. Bought domain. Further research uncovered a company in Thailand using the same name in virtually the same field. Overlap in business/target market unlike as they're in Thailand and I'm in US but not... Read more »
It depends. If the company abandoned the trademark, the trademark becomes unenforceable. A trademark is presumptively abandoned if the trademark is not used for three consecutive years. However, the company owning the trademark can rebut the presumption by providing evidence that the trademark is...Read more »
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