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Nevada Trademark Questions & Answers
3 Answers | Asked in Trademark for Nevada on
Q: If a trademark is "dead" on the UPSTO Tess search can you file to use it as your own?
Jason Brooks
Jason Brooks answered on May 11, 2021

A dead trademark indicates that it is available for registration yes, but you'll still have to go through the registration process which entails completing and filing a registration application and demonstrating actual use in commerce.

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2 Answers | Asked in Trademark for Nevada on
Q: What are my options if a trademark has been established but had an abandonment notice Number 88416440.
Drew Chalfant
Drew Chalfant answered on Mar 8, 2021

Typically, you would do some additional research to determine if the mark you want is still in use, even though the registration application has been abandoned. In the U.S., trademark rights arise out of use of a mark in commerce and the registration simply puts others on notice that you are using... Read more »

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1 Answer | Asked in Trademark for Nevada on
Q: Use of other companies' Logos on my website without written permission

I'm building a website where I would like to share referral link/affiliate links/promo codes from accounts that I own with other companies. In order to properly identify those companies, I need to use their logos so visitors are aware of who they are. My understanding is that this is... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 20, 2020

You should definitely consult with an attorney.

You may want to check the companies' websites to see if they have any specific guidance.

Further you should not use the logos to imply any endorsement of any kind.

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Would it be illegal to take inspiration from something trademarked by its company?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Please provide further clarification as I don't really understand the question...thanks!

1 Answer | Asked in Trademark for Nevada on
Q: about this trademark lawsuit, how do I answer, i live in Mexico City and just found out theres a lawsuit against me

2:2020cv00051 case number

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 5, 2020

Where was this filed against you?

who filed it?

you need to have an attorney work with you on this.


1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

As far as trademark use is concerned, the name of the company may not have an effect on it.

Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.

Registration gives presumption of ownership, but it is rebuttable.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 21, 2019


that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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1 Answer | Asked in Trademark for Nevada on
Q: Can I trademark a made up word (industry+preneur) if others are using it currently but have no trademark?

We want to name a business using a made-up word, but people use it as hashtags and a few other people had used it in the title of their workshops, but no trademarks exist and I don't see any business entities that have put a lot of money into the use of the word. If I trademark it and set up a... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Sep 5, 2018

Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.

1 Answer | Asked in Trademark for Nevada on
Q: May phrase is similar to a recently approved trademark

I've been using a specific phrase on coffee mugs (and selling them) since October 2016. Recently a trademark was approved for a very similarly worded phrase Am I infringing by using my own phrase on my coffee mug (and selling them online and at craft fairs)? His is trademark for use on coffee... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 1, 2018

An attorney would need to know more about your history of using the phrase and the trademark applicant's to provide an opinion on whether you may continue to use the mark. If you are the senior user, it is possible you may be able to have the trademark cancelled or at least retain the right... Read more »

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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1 Answer | Asked in Trademark for Nevada on
Q: I have a trademarked logo, and now a judge has entered a preliminary injunction due to a suit filed by someone.

This is before seeing any information, and after this person being served a cease and desist to stop using the logo. They also never filed an opposition with the Federal Trademark commission. Even though they were given ample time to do so. There is more to this, but looking for answers to help in... Read more »

Benton R Patterson III
Benton R Patterson III answered on Feb 21, 2018

You should speak with a trademark attorney in Nevada as soon as possible. It is possible to obtain an injunction if the defendant has not responded to a lawsuit. A trademark infringement plaintiff is not required to file an opposition to a trademark application before bringing an infringement... Read more »

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: I'm going to make and sell shoes that have a similar name and look to a shoes = horse theirs = human
Will Blackton
Will Blackton answered on Mar 23, 2017

There is not a question here. Best of luck on your venture.

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