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Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More 
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answered on Oct 13, 2024
If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.
The Cease-and-Desist... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
answered on Oct 1, 2024
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is... View More
Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?
answered on Oct 1, 2024
It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.
The... View More
Am I protected with my copyright or does the trademark override my copyright?
answered on Sep 26, 2024
Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.
In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be... View More
I would like to ask about the sentence that I use, such as Great things come from relentless effort, which is a continuous text. If searched for, no trademark infringement will be found. But if the word is taken alone, such as the word Effort, it will be trademarks. This is the sentence I use:... View More
answered on Sep 20, 2024
The sentence "Great things come from relentless effort" seems as a common phrase and not unique enough to be subject to trademark protection as a whole. Trademarks typically protect specific words, phrases, logos, or symbols that distinctly identify a product or service and are used in... View More
I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental
answered on Sep 9, 2024
Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.
Here are a few key... View More
86406064
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answered on Sep 6, 2024
This is a straightforward problem to solve. Any competent trademark attorney could handle it for you. Remember, the ownership of your mark accrued when you started to use it and continues as long as you use it. Registration formalizes your ownership and gives you some advantages in enforcing your... View More
86406064
answered on Sep 6, 2024
If a renewal is missed for a trademark there is a 6 month grace period given by the USPTO that allows you to register the renewal for an additional late fee. If this period is missed you will need to re-register the application with the USPTO. It is recommend to work with a trademark attorney to... View More
answered on Sep 3, 2024
In order to register a trademark you must file an application with the USPTO. If the mark has been abandoned you will be able to refile your own application for the mark. To ensure you properly file for your trademark it is recommended to work with a trademark attorney or specialist.
answered on Sep 3, 2024
The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More
This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application
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answered on Sep 1, 2024
Just to add - although there is not solid law on the definition of "unintentional," the Patent Office's Manual of Patent Examination Procedure states:
> ... where the applicant deliberately chooses not to seek or persist in seeking the revival of an abandoned application,... View More
This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application
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answered on Sep 1, 2024
Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.
"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to... View More
I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More
answered on Aug 30, 2024
Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More
answered on Aug 28, 2024
This is a trademark matter, not copyright. Neither ACE OF BASS nor ACE OF BASE is currently registered as a trademark for entertainment services (or anything else), and there would be no likelihood of confusion that your DJ services are the same as the band's. The essence of a trademark... View More
My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More
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answered on Sep 15, 2024
Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More
answered on Aug 19, 2024
Unauthorized uploading and distribution of copyrighted audiovisual content, including but not limited to the television series "Friends," to online platforms such as YouTube, without express permission from the rights holder(s), constitutes copyright infringement.
Such actions are... View More
If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?
answered on Sep 5, 2024
Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More
I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.
Regards
answered on Aug 19, 2024
Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:
1. Determine the Type of Patent
Utility Patent: Protects the functional aspects of your invention.
Design Patent: Protects the ornamental design of your invention.... View More
My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More
answered on Sep 1, 2024
There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More
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