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New York Trademark Questions & Answers
2 Answers | Asked in Trademark for New York on
Q: Hello! I am a musician looking to trademark my stage name. I just have a specific question

My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

My recommendation would be to file two applications, covering two classes each. One for the plain name, covering both apparel and music-related services; and another for stylized name covering the same classes. You should reach out to a qualified trademark attorney like myself to help guide you... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Is a signed settlement and trademark licensing agreement without it being stamped is valid and enforceable under NY law?

I come across one settlement and trademark licensing agreement ("STLA") that is governed by the New York, United States law whereby it is signed by both the Licensor and Licensee but it was not stamped. I am not sure what are the formality / pre-requisite for a STLA to be valid and... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.

-Tim

1 Answer | Asked in Trademark for New York on
Q: Is Burnin' Bush available for trademark

Or this

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

There are no federal trademark applications for this name. But without doing a full search, you should know it is possible someone could be using it without a federal registration. Feel free to drop me a line if you'd like to discuss further!

-Tim

2 Answers | Asked in Trademark for New York on
Q: Can I use a trademarked logo for clothing? Serial Number 87261241
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

Are you asking whether you can use your own trademarked logo on clothing or that of another? There's a different answer to your question depending on that distinction.

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1 Answer | Asked in Trademark for New York on
Q: if I see someone has trademarked the same name as I would like to, but theirs is in a unique font would I still be able

(cont) to trademark said name + my sub heading= altogether?

Evelyn Suero
Evelyn Suero answered on Sep 7, 2020

If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many... Read more »

2 Answers | Asked in Trademark for New York on
Q: Please explain trademarking, and How it can be used?

i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout... Read more »

Tania Maria Williams
Tania Maria Williams answered on Aug 25, 2020

The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can... Read more »

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1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

2 Answers | Asked in Trademark for New York on
Q: I filed a trademark with my personal address. Is there anything I can do to remove/mask/hide my personal address?

I do not have a physical location for my business.

William Scott Goldman
William Scott Goldman answered on Jul 14, 2020

While a Voluntary Amendment can be filed, your original application will remain as public record. If you need any further assistance, please call or email.

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1 Answer | Asked in Trademark for New York on
Q: Hello I have a logo of a bison and I wanted to know is it illegal for me to use
John B. Hudak
John B. Hudak answered on Jun 19, 2020

Consider consulting with a trademark attorney. The trademark attorney will intake the relevant facts such as the actual design and what the trademark is being used for – and then execute a search for you.

This answer includes generalizations and there are many caveats. This answer does...
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2 Answers | Asked in Business Law and Trademark for New York on
Q: Can i still use Goddess of Wink for my Eyelash company? I see that Goddess Wink is trade marked.

I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.

Tim Akpinar

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2 Answers | Asked in Trademark for New York on
Q: Would it further enhance my Trademark application to submit multiple specimens? My services are all in the same class.

Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.

Is that overkill... Read more »

Evelyn Suero
Evelyn Suero answered on May 3, 2020

According to USPTO guidelines, when you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing.  Since you may later be asked to submit additional specimens to properly examine your application or... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Would the name "The Boujee Girl UNLIMITED" be a problem with "Boujee girl Cosmetics" in getting a trademark?
Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a... Read more »

2 Answers | Asked in Trademark for New York on
Q: Is there a way around this to keep my name? Does it matter that I've had my domain longer than they've been registered?

My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

Evelyn Suero
Evelyn Suero answered on Apr 21, 2020

You should speak with an attorney about the possibility of filing a Petition for Cancellation of the registered trademark if you feel that your trademark has priority of use over the registered mark.

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2 Answers | Asked in Trademark for New York on
Q: My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

Is there a way around this and keep my name? Does it matter that I have had the domain for a year already? Our logo designs are totally different.

Bill Hulsey
Bill Hulsey answered on Apr 21, 2020

Yes

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2 Answers | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
Read more »

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1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

1 Answer | Asked in Business Formation and Trademark for New York on
Q: Can I start an advertising agency call Spock Media or would that be illegal due to trademark restrictions?
Robyn T. Williams
Robyn T. Williams answered on Feb 15, 2020

The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use.... Read more »

1 Answer | Asked in Trademark for New York on
Q: If a company has a trademark in Class 9 and Class 41, can we apply for a trademark on the same name with Class 42?

Company A has a trademark issued and has a product with part of the trademarked name. They filed it under Class 9 and Class "41".

Can Company B apply for a trademark for the same name under Class 9 & Class "42" and still get approved? Both operate on Mobile App Stores.

Tania Maria Williams
Tania Maria Williams answered on Feb 15, 2020

There is a high probability that the mark will receive a 2(d) refusal for Class 9 because of likelihood of confusion. An examiner could also refuse to register the mark under Class 42 if it could be considered a related class for the registered mark. I would suggest enlisting the assistance of a... Read more »

2 Answers | Asked in Copyright and Trademark for New York on
Q: getting permission to use a trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 13, 2020

it will depend on the owner and what your intentions are

expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it

best luck

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1 Answer | Asked in Trademark for New York on
Q: Is the trademark protection for every item in an international class or only the listed ones?

For example, the trademark "TEES" is registered for "clothing, namely, towel shorts". Does this mean the trademark only applies for towel shorts and not t-shirts? Or is it always the whole class, no matter which items are explicitly listed?

Thank you for your help in advance and best regards!

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

An examining attorney is primarily going to look at the "likelihood of confusion" between the two marks and marks in the same class have a higher likelihood of confusion. Also, as a side note, if you're thinking of a mark for t-shirts that involves the word tees, you will want to... Read more »

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