Depends on what type of product or services you want to offer under the name. If you want to use it under one of the specified goods and services that is already registered with USPTO then you cannot register that trademark. The answer to your question depends on the facts surrounding your case, it... View More

Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce.... View More

Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.

It could possibly present a problem. A trademark attorney would need to perform a trademark search to determine the scope of the other company's mark.

Possibly, it depends on what type of business you are in and what type of business the trademark owner is in. It also matters when you both began using the phrase as a trademark. I recommend speaking with a trademark attorney in a confidential consultation to determine whether you are committing... View More

A trademark registration can potentially cover both a product and a method for using a product, assuming you use the mark in connection with both in interstate commerce. You should speak with a trademark attorney to determine whether the potential trademark can cover both applications and what the... View More

Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get... View More

It sounds as though you are referring to a trademark application filed by somebody else, which then became abandoned when the applicant failed to respond to an office action. (Obviously I have to make a lot of assumptions here.)

The first problem with "buying" a trademark that... View More

If you've conducted a proper search and have verified that there's a difference then yes. Otherwise, you may be overlooking a potential trademark infringement. You can contact me for a free phone consultation.

Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.

You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee.

The materials... View More

Dear fellow New Jersian --

Under the US laws, there are 4 broad types of work protection:

(1) PATENTS, that protect inventions (new things, new way of doing things);

(2) TRADEMARKS, that protect names and symbols;

(3) COPYRIGHT, that protects an expression; and... View More

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answered on Apr 4, 2016

Although you probably need to speak to a trade mark attorney, the answer is yes. Do not do it!

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answered on Jan 11, 2016

It is questionable at best. You need to consult with an IP/Trademark attorney. Good luck.

If the trademark you planned to use is similar to a registered mark or senior mark, it is unlikely that you can use your proposed trademark in the same category of goods or service. To infringe an existing trademark, the junior mark does not have to be exactly same as the existing mark. As long as... View More

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answered on Dec 23, 2015

Your best course of action is to consult with an experienced patent attorney. These attorneys are usually are also intellectual property attorneys as well. Good luck.

Yes you need an owners permission to use his property. If you don't have permission you are opening up yourself to massive legal costs find your yourself a Patent and Trademark lawyer immediately

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answered on Oct 3, 2015

"Swish" is part of the name of a company (see this link) http://swishclean.com/generic.htm?ECINFO=green_oakville. You can do an online search to determine if it is a trade marked term or not, but I suspect it is. Good luck.

It depends. If you have used the website name associated with your goods or services before the trademark in registration, you may file an opposition to the trademark registration while the trademark is still in the publication period. If the trademark has been approved for registration, you may... View More

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answered on Aug 26, 2015

This is the link to the Us Patient & Trademark office.

http://www.uspto.gov/trademarks-application-process/abandoned-applications

You should retain an IP attorney to help you with any matters such as this.

Good luck.