Get free answers to your Trademark legal questions from lawyers in your area.
answered on Dec 26, 2017
In a prior action before the USPTO concerning the mark, the applicant failed to respond or responded late to an office action from the trademark examining attorney. If you would like to trademark the name, its best to have a trademark attorney examine the prosecution history for similar trademarks.
**Please note: Fictitious names were used below to protect the confidentiality of the matter. Here's the situation...
1." Dazzle With Love" was first used in commerce June 2012 and applied for trademark June 2017. "Dazzle With Love" has been in continued use... View More 
answered on Sep 25, 2017
Under your hypothetical, first mark has priority back to 2012, but only as to use with candles. Mere intentions to expand don't effectively expand the rights to other products/services. Second mark is nearly identical (the "by Alicia Smith" part is merely descriptive of the person... View More
I want to sell the keychains on the internet. Is this legal or do I need to obtain permission from the universities whose logos I'm using? I have done a little research on this and it really seems like a grey area. Some sites say you absolutely need permission - others state that once the... View More
answered on Sep 22, 2017
You need to obtain permission from the trademark owners. The first sale doctrine would likely protect you if you resold exactly what you purchased, the scrapbook paper. If you use the paper to create a new branded product, you would not be protected by the first sale doctrine. Also, using a... View More
answered on Sep 6, 2017
The first step is to research the mark to determine if anyone else is using it or something similar. There are a variety of trademark search services that can perform a search for you. Once you know what other trademarks exist, you may want to change your mark or proceed with a trademark... View More
Am I allowed to print " I am America" on my merchandise since that's the name of my company?
answered on Aug 25, 2015
A company name may or may not be a trademark. The nature and extent of the other trademark(s) should be examined. Trademark questions like this are fact-specific. A local trademark lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement... View More
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