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New York Trademark Questions & Answers
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.

If...
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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... Read more »

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 make sure that... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

1 Answer | Asked in Trademark for New York on
Q: Hi, My name is Vasyl and I’m looking to register Business name and Logos on trademark. I would really use some help.
Jason Brooks
Jason Brooks answered on Dec 8, 2019

Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd be happy to do... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: T-shirt image containing car that is similar to Lamborghini - Trademark issue?

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.

I wrote to Lamborghini's customer... Read more »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture sample... Read more »

1 Answer | Asked in Trademark for New York on
Q: 606 - Abandoned - No Statement Of Use Filed. what does this mean ?

606 - Abandoned - No Statement Of Use Filed

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.

If it was you, you have to start from zero. Contact me if you need help.

1 Answer | Asked in Trademark for New York on
Q: Hello, I'd like to ask if it is legal to print Lamborghini car on a merchandise (T-Shirts, Hoodies, Mugs) and sell it.

The image would be made by my graphic designer, so I would have his full permission to use it. But I am not sure, if that would be also alright with the Lamborghini company. There wouldn't be visible logo, just the car design.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It is not legal, even with the permission of your graphic designer, since the owner of such design is Lamborghini. You may want to ask permission to the owner directly.

This is from their website: https://www.lamborghini.com/en-en/privacy-legal

Always consult with an attorney...
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1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: Please let me the process and needed documents to get tradmark.

Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.

Jason Brooks
Jason Brooks answered on Aug 5, 2019

Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use a word that is part of a trademarked phrase for my artist name when I release music?

The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?

John Martin Hilla
John Martin Hilla answered on Jul 29, 2019

Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.

Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an...
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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
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
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
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
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
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
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
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 »

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