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New York Trademark Questions & Answers
1 Answer | Asked in Trademark for New York on
Q: I have a abandoned trademark because of a action notice. Can ya help me ? Also is it possible to update a trademark ?

When I say update trademark. like with a logo or design. No I never had a lawyer. I did the trademark on my own n I didn’t know what I was doing.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 29, 2022

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 »

1 Answer | Asked in Trademark for New York on
Q: Are camera gear brands and clothing brands considered distinct enough industries in copyright law?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 21, 2022

A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.

There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE...
Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

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 »

1 Answer | Asked in Trademark for New York on
Q: Is the word “wifey” trademarked?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).

If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark...
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2 Answers | Asked in Trademark for New York on
Q: What do I need to do to buy this trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 27, 2022

You need to contract an attorney.

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1 Answer | Asked in Trademark for New York on
Q: A bakery in Canada is bringing pita bread to the US market using my trademark name and logo how can we prevent them

How can we prevent them from copying my trademark brand name and logo

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 27, 2022

It will depend on what rights you have developed on the mark.

Consult with an attorney.

1 Answer | Asked in Trademark for New York on
Q: trademark question, someone else is using it as their domain name
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 3, 2022

You need to consult with an attorney.

If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.

2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

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 »

David H. Relkin
David H. Relkin
answered on Jan 3, 2022

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 »

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2 Answers | Asked in Trademark for New York on
Q: Hi Can I use R on my logo when my trademark status is "630 - New Application - Record Initialized Not Assigned To ..?
Evelyn Suero
Evelyn Suero
answered on Nov 23, 2021

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.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: What is the approximate cost of defending a trademark infringement ?

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 »

Linda Liang
Linda Liang
answered on Nov 1, 2021

If you settle, your attorney fee could be zero.

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2 Answers | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

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?)

Ali Makoui
PREMIUM
Ali Makoui
answered on Sep 29, 2021

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 »

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1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

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.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

2 Answers | Asked in Trademark for New York on
Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?

Is it basically up for grabs?

Linda Liang
Linda Liang
answered on Sep 3, 2021

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.

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2 Answers | Asked in Trademark for New York on
Q: Can I use US lawyer to oppose a trademark in another country (where my trademark is registered as well)?

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?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 26, 2021

It all depends on the rules of the other country.

Most likely it will need to be a locally licensed attorney.

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2 Answers | Asked in Trademark for New York on
Q: I want to give my company a name like "posh" but I know there's other companies with the same name is it a problem?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

Yes it can be a big problem

Consult with an attorney

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1 Answer | Asked in Trademark for New York on
Q: Can I use this words "Buffalo Bills" on a postcard? I don't see it listed in the list of items.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

Probably not

Consult with an attorney to understand your risks

2 Answers | Asked in Trademark for New York on
Q: Need a lawyer to stop companies from using my trademark
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 30, 2021

Send a cease and desist

Consult with an attorney

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2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich
answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

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1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang
answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Nic  Schaefer
Nic Schaefer
answered on Jun 19, 2021

Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!

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