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New York Trademark Questions & Answers

1 Answer | Asked in Trademark for New York on

Q: Hi, is it possible to trademark a business name ? What is meant by status 700 registered?

Ahaji Kirk Amos answered on May 28, 2019

Trademarks indicate to the public the source of a product or service. So, if your business is associated with a product or service then yes. If it's only a business name, no.

1 Answer | Asked in Trademark for New York on

Q: My business uses the same name as one "trademarked" with a status 700 but offers different services. Is it a problem?

We are being challenged by a company that says they have trademarked (status 700) the name we are using as well. We offer different services and the website uses .us not .com. What options do we have?

Ahaji Kirk Amos answered on May 28, 2019

You will need a consultation. click the link to schedule https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on

Q: Am I infringing on trademarks, or copyright?

I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.

I was told the appearance of a... Read more »

Sean Erin Serraguard answered on Apr 23, 2019

The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely functional.... Read more »

2 Answers | Asked in Trademark for New York on

Q: I'm planning to file trademark so that i can use a certain username on twitter, facebook and instagram.

The word im planning to file for trademark is not generic word. It is a made up word but can only be found on urbandictionary.com. But I already have the .com domain name of it.

I am US military veteran, is there a cheaper way to file the trademark beside https://www.uspto.gov?

Griffin Klema answered on Apr 4, 2019

The USPTO doesn't offer discounted fees for vets, sorry. As for filing, you'll need to carefully evaluate what products or services you will be selling. Merely having a user name on social media, without selling products that bear the mark, will not be sufficient.

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2 Answers | Asked in Trademark for New York on

Q: Can I remove an "owner" from my trademark? Do I need to go to court?

Griffin Klema answered on Mar 22, 2019

Correction or change in ownership of a mark is done with a document called an assignment. If there is a co-owner of the mark and you're on good terms with them, have a lawyer prepare an assignment for them to sign, and then record that document with the state or the USPTO (wherever your mark is... Read more »

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1 Answer | Asked in Copyright and Trademark for New York on

Q: Hi, I have a clothing design, similar to a pattern that I was wondering if I should get trademarked . Is that possible?

Or should it be under a copyright. It is for a clothing line.

Marcos Garciaacosta answered on Mar 19, 2019

Most likely both

depending on what it is and the objective of the patterns and design

Think Louis Vuitton, where the pattern is used as a trademark, but it is also a design copyright, protection

make an appointment to understand your options

1 Answer | Asked in Trademark for New York on

Q: Hi, we have a trademark registered under our name. A company file for registration to the same brand. Is it possible?

The company that is trying to register the brand is overseas and have the same name as the brand we currently hold.

We registered this in 2016 and is currently active.

They have filed it in February 2019 and it is currently pending. We just saw that they had a similar trademark from... Read more »

Marcos Garciaacosta answered on Feb 21, 2019

I assume it is in the USPTO.

If so, it is possible, if the class of usage is the same as yours, that it will be refused by the office.

If it is not, you can file protests and oppositions to the application.

You have a limited window to do this so contact an attorney, me,...
Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: I am writing a recipe book and call it "Instant Pot Best Recipes." Should I get permission to use "Instant Pot"?

Good day!

I am writing a recipe book for cooking various dishes using a slow cooker and pressure cooker. One of the registered TM of these devices is called “Instant Pot”. I want to use the "Instant Pot" in the title on the cover of the book. But “Instant Pot” is a registered TM.... Read more »

Marcos Garciaacosta answered on Feb 5, 2019

You should definitely ask for permission.

It is possible that they will come after you and stop you from using that name.

You can consider other alternative names.

If you contact them, it may be possible they grant you the right to use the name, and you should consider...
Read more »

2 Answers | Asked in Copyright and Trademark for New York on

Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.

Jason Brooks answered on Jan 31, 2019

I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

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1 Answer | Asked in Trademark for New York on

Q: Is it possible to register a trademark like Dr. Collingsworth neither being a doctor nor being named Collingsworth?

Trademark law

Ali Shahrestani, Esq. answered on Jan 7, 2019

See: https://smallbusiness.chron.com/legal-trademark-persons-name-61523.html

Also, be wary of false advertising, e.g., misleading the public about being a doctor.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!

Ali Shahrestani, Esq. answered on Jan 2, 2019

See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: Netflix has stolen my registered trademark. How can I afford to take them to court?

They have used my TM in their highly profitable cartoon and refuse to remove it claiming freedom of expression rights over my TM rights. However, according to the Lanham Act, the manner in which they are using it violates my rights. They've threatened to sue me in court if they win.

T. J. Jesky answered on Oct 20, 2018

Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief... Read more »

1 Answer | Asked in Trademark for New York on

Q: How Can I change the name that is on my trademark

It seems that the lawyer that filed my trademark filed it under the incorrect name and not my business name. Is there a way that I can get the name of my trademark changed?

T. J. Jesky answered on Sep 23, 2018

This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on

Q: I would like to trademark and copywrite my patches how do I do that

Peter D. Mlynek answered on Sep 4, 2018

If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.

If you are...
Read more »

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on

Q: Trademark issue from previous owner?

I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... Read more »

Benton R Patterson III answered on Aug 7, 2018

Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

1 Answer | Asked in Business Law, Copyright and Trademark for New York on

Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.

What standard would I use to decide what I am allowed to include on the map?... Read more »

Aubrey Claudius Galloway answered on May 11, 2018

Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... Read more »

1 Answer | Asked in Copyright and Trademark for New York on

Q: Can you use a similiar name ?for example: YelpMy website name: Melp, different layout and different features.

Aubrey Claudius Galloway answered on May 11, 2018

Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: Is it possible to register an identical trademark name in the same class, for complete different products?

We are looking to register our trademark, but research has shown, that another company with the same name and a registered trademark already exists.

But not only this, their trademark is registered in the same class 9.

However, they are producing heavy CNC machinery, where our... Read more »

Benton R Patterson III answered on Apr 9, 2018

Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.

1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: Is it bad faith if I registered a domain name I let expire years ago when it became available again?

I held 2 domain names about 6 years ago that I let expire because I lost my job and couldn't afford to keep them anymore. Scrolling through my small domain portfolio today, those 2 domains popped up into my head, and I wondered what became of those names. . . so I check it's availability. One of... Read more »

Gary Lane answered on Mar 24, 2018

Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.

1 Answer | Asked in Trademark for New York on

Q: What are the benefits of hiring an attorney to help me register a trademark? Is it simple to do on your own?

Benton R Patterson III answered on Feb 15, 2018

It is easy to prepare the actual trademark application documents. Preparing the documents accounts for 10% of the work involved in securing a good trademark. A trademark attorney can search for potentially conflicting trademarks to determine if your potential trademark is likely to be registered,... Read more »

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