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answered on May 4, 2017
Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.
While doing additional research on my purposed trademark I found another company with the same name and spelling which was labeled as registered. I was surprised to find them and using a registered mark since they were not listed on the USPTO. How could this be? This company is in another... View More 
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answered on May 2, 2017
I believe you mean "proposed" and not "purposed." I cannot fully understand your question so here are some general statements:
1) a registered trademark confers on the registrant a presumption of ownership over the mark.
2) the nature, scope, and strength of... View More
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answered on May 2, 2017
There are a number of issues here, happy to discuss them on the phone.
I'm looking to apply for a trademark for a beverage container cover. My purposed name Is tradmarked for archery equipment under class 028. I'm hoping to use this name but don't want to bother moving forward if there could be a consumer conflict and not be approved. I plan on... View More
answered on Apr 19, 2017
Is there a likelihood for confusion? How similar are the names?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More
Question answered.
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answered on Apr 19, 2017
Those names are virtually identical, if you're in nearly the same industry and geographic market you should come up with a new name. I don't follow you about if the clothing line doesn't have products then how is it already in use, that seems contradictory.
1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... View More
answered on Apr 7, 2017
It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company... View More
I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the... View More
answered on Apr 7, 2017
You are confusing several issues. When you incorporate, you have to have a unique name for the state in which you incorporate. A "DBA" works the same way. To formally trademark the name as a brand, you need to file with the trademark office of the US government. That gives national... View More
Suppose I want to open a new hair salon service with the business name 'American Haircut Club' but another company doing a similar service is operating in the same state as me with the name 'Haircut Club'. Does the fact that my name is a little different since it has the word... View More
answered on Apr 6, 2017
The standard is whether there would be confusion about which company is which. Does not sound like an issue here.
the name is a simple word that can be used also for anything
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answered on Mar 27, 2017
Not if it would be confusing to the consumer and make them think that you were claiming ownership of their trademark or that you were the source of their goods. I'd need to know the actual names and proposed names to give you clearer advice on this, if you want to email me privately please do... View More
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answered on Mar 17, 2017
I most certainly can if you would like to contact me feel free.
That said, this is something you can probably do yourself by going to the library of Congress website and following the prompts.
Our office handles copyrights for numerous songs written by musicians ( mostly we get... View More
The name "Godzilla Society" refers to a group of people discussing strange experiences they have had. This work of fiction us not about Godzilla; that creature is a metaphor for the unknown.
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answered on Mar 15, 2017
It's probably a bad idea to use "Godzilla" without contacting the owner of the trademark to obtain permission. The unique name "Godzilla" is obviously intellectual property that the owner would care to protect and enforce and it's probably unacceptable to the owner... View More
answered on Mar 11, 2017
See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... View More
answered on Mar 10, 2017
You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... View More
I'm looking to trademark the words "King Fit" in the standard charter mark format. However, it is currently trademarked under the "(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM" format. Would I be successful if I tried to trademark it under the regular "(4)... View More
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answered on Feb 21, 2017
If you're going to be in the same class of goods or even arguably remotely close to the same industry you are treading on thin ice. It's problematic because a) it's the exact same phrase, b) you know of the other claim of ownership over the mark, c) the standard character mark is... View More
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answered on Feb 9, 2017
Just by putting a product with a trade name out on the market you begin accruing rights, it's similar to goodwill associated with a brand. Formally registering a mark allows you to file a lawsuit in federal court to protect the brand name as solely that of your own and gives you a presumption... View More
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answered on Feb 9, 2017
All LIVE and DEAD (or abandoned) trademarks that have been registered with the USPTO are, but trademark rights may accrue to people and organizations without any formal registration.
A woman I know has adopted the same name as mine. This woman claims that she has trademarked it. To the best of my knowledge this woman does not engage in commerce or trade. TESS does not show any listing of a trademark issued in that name. I am not engaged in commerce or trade. This woman... View More
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answered on Feb 7, 2017
You may have a claim for misappropriation of your likeness / right of publicity and potentially unfair competition, it's most likely not a trademark violation however.
A woman claims to have a registered trademark. However, to the best of my knowledge the woman does not engage in commerce or trade.
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answered on Feb 7, 2017
Someone can make an "intent to use" trademark application, but there is a timeline that must be followed in which the mark must actually be used or the application will be denied. Here's a link to the USPTO website with a primer on an Intent to Use Trademark application;... View More
A woman claims that her name is Carrie L. Pena. The woman claims she trademarked that name. I keep looking for her trademark is TESS. However, the woman's name never shows up.
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answered on Feb 7, 2017
No. For a trademark to be registered it has to be published. Technically one can accrue rights to a tradename without having a mark and if you're selling goods or services associated with your name you could argue that there are rights that are associated with that and the right to exclusive... View More
The word "HypeFit" is taken as a standard charter mark, but I want to trademark the word but spelled as in "hypefit" instead. Is this possible?
answered on Feb 6, 2017
Your application to register your mark may be rejected on the ground that it is confusingly similar to another registered trademark.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should... View More
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