All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... View More
Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:...View More
Your brand and logo IS a trademark, and before using it in commerce you should first make sure it is not the same as (or confusingly similar to) a registered trademark for the same type of goods, because If it is, you could be sued for trademark infringement by the prior registered trademark owner....View More
The short answer is you may be able to register either or both. If you are considering registering though, you really should take the time to consult with a trademark attorney. Clothing is a very competitive class to get your mark registered in and the assistance of an attorney, along with a...View More
It is generally recommended to (1) conduct a trademark search / due diligence (to make sure your new brand and logo are not infringing upon any existing rights) and (2) apply to register the new brand as a federal trademark in order to protect it nationwide against unscrupulous competitors. A U.S....View More
Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a...View More
Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you...View More
Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check...View More
If the LLC is structured properly and the business is run in accordance with that structure, then yes. However, most lay business owners do not structure the LLC properly and do not run the business in a manner that allows the LLC to shield its owners from liability. You may schedule a free intro...View More
This is too broad a question to be answered without specific details.
A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action...View More
I am from Kansas. I am going to start a citizen journalism youtube channel. Do I need to copyright or trademark the name 'The Citizen journalist'. I was told that if commerce happened under the name that it is auto trademarked to me, is this true? If commerce under the name does lock... View More
You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource: https://www.upcounsel.com/common-law-trademark
I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... View More
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so....View More
To contest a trademark, you need to retain and attorney to file either file a opposition or cancellation proceeding, depending on the status of the registration. I am unsure what you mean by "placing a trademark."
This needs to be assessed privately by a lawyer. You don't want the answer in a public forum like this. Plus it requires some analysis of your business, and the existing trademark registration to provide you with the answer you are seeking. I recommend you hire an intellectual property lawyer...View More
Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...View More
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