Most likely the application was deemed abandoned for failure to respond to an Office Action within the required six months, and the Office Action was probably an initial refusal that could have been cured by an amendment to the application. The abandoned application cannot be revived, so you...Read more »
I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of... Read more »
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot...Read more »
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are...Read more »
The federal registration symbol, ®, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
If an online seller got sued because of THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A with more than 700 sellers. In these kind of cases, what is the approximate cost of defending the case for an Individual seller. As we understand fee might differ from Lawyer to Lawyer,... Read more »
If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the...Read more »
I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.
Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.
I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?
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