New York Trademark Questions & Answers

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

1 Answer | Asked in Trademark for New York on
Answered on Apr 4, 2019
Griffin Klema's answer
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.

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

2 Answers | Asked in Trademark for New York on
Answered on Mar 22, 2019
Griffin Klema's answer
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 registered). This shouldn't cost more than $300. If you're not on friendly terms, acquiring outright ownership may require a court order/judgment, which may be much more costly. Good luck!

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

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Mar 19, 2019
Marcos Garciaacosta's answer
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

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

1 Answer | Asked in Trademark for New York on
Answered on Feb 21, 2019
Marcos Garciaacosta's answer
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, that can help you

Best luck

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

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Feb 5, 2019
Marcos Garciaacosta's answer
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 negotiate some benefits

Best luck

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

2 Answers | Asked in Copyright and Trademark for New York on
Answered on Jan 31, 2019
Jason Brooks' answer
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

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

1 Answer | Asked in Trademark for New York on
Answered on Jan 7, 2019
Ali Shahrestani, Esq.'s answer
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 Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

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.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
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 Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

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

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...

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

1 Answer | Asked in Trademark for New York on
Answered on Sep 23, 2018
T. J. Jesky's answer
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 assignment form on your behalf.

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

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Answered on Sep 4, 2018
Peter D. Mlynek's answer
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 talking about embroidered patches designed to be applied to clothing, then you may be able to trademark these. You should be careful that your patches do not infringe on patches of other people, entities,...

Q: Trademark issue from previous owner?

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Answered on Aug 7, 2018
Benton R Patterson III's answer
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.

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

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Answered on May 11, 2018
Aubrey Claudius Galloway's answer
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 negative light, but otherwise you are likely good to go because they cannot complain about positive solicited if you were going to paint them in some sort of negative light, but otherwise you are...

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

1 Answer | Asked in Copyright and Trademark for New York on
Answered on May 11, 2018
Aubrey Claudius Galloway's answer
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 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...

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

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Apr 9, 2018
Benton R Patterson III's answer
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.

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

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Mar 24, 2018
Gary Lane's answer
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.

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

1 Answer | Asked in Trademark for New York on
Answered on Feb 15, 2018
Benton R Patterson III's answer
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, valid, and enforceable. Often people attempt to register trademarks that are either not enforceable against competitors because of prior use or they attempt to register trademarks are not being...

Q: Can my mother get a trademark for the name of a church dance group that she started?

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Jan 29, 2018
Morgen Bowers' answer
You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.

Q: I want to trademark "outy" for an outdoor brand, however "innies and outies" is trademarked, will it be infringing?

1 Answer | Asked in Trademark for New York on
Answered on Jan 9, 2018
Yan Zong's answer
Hi the "innies n' outies" was trademarked under the category of appearances. If you are trademarking outy under different class of goods, it is likely that you can get it.

Q: A popular celebrity's married name happens to be the name I want to tm. No trademark exists...is this ok?

1 Answer | Asked in Trademark for New York on
Answered on Dec 26, 2017
Benton R Patterson III's answer
It depends on what goods/services your trademark is used with and what the celebrity is known for. You should speak with a trademark attorney about this in a confidential conversation.

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