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One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More 
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answered on Nov 4, 2016
Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More
We are still a fully functioning company and want to know if someone can claim to be us as we had a trademark. Thank you.
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answered on Oct 31, 2016
Your trademark beginning date in the territory you operated at can probably be proven to have originated in 1984. The registration in 1997 created a presumption of ownership that is rebuttable. The analysis of your trademark rights would necessarily involve knowing the name of the mark, the... View More
We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.
Our product will be having a different design. We will register a new brandname.... View More
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answered on Oct 24, 2016
Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More
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answered on Oct 14, 2016
eTEAS application through the USPTO (www.uspto.gov), happy to assist if you need any help with it, not everthing on the application is immediately obvious and they do have long term ramifications if you don't do it correctly.
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answered on Oct 10, 2016
Singular vs. Plural for one, but I'd need to know more context as to whether you can use it...
but the other company is in a totally different industry and isn't famous. Is it ok to still use that name?
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answered on Oct 10, 2016
The basic rule is that they can't be "substantially similar," I'd need to evaluate the industries and the mark to give you a better opinion / insight. You can of course always reach out to the company that is using it and explain your intent to use and how you don't... View More
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answered on Sep 29, 2016
Yes, you can file an "intent to use" application and then convert it to a normal application when you're actually using the Trademark in commerce.
trademarked. It seems like they offer similar services to mine. Can I still use my business name in my TM?
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answered on Sep 23, 2016
Maybe this will answer your question: http://www.nbc.com/saturday-night-live/video/bad-idea-jeans/n9937
Just kidding, in all seriousness, how similar are the names? I'd need to actually know the name, so email me privately since this is pretty sensitive in nature and I'll be... View More
There is another site that has popped up using the same name. I never trademarked my name and they've filed for one. What do I do?
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answered on Sep 16, 2016
A few more details are needed (such as the name in question), but generally you would start a complaint with the Trademark Trial and Appeal Board to contest their registration of the trademark.
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answered on Sep 8, 2016
You can, but it's usually not necessary. I'd need to know the details, email me privately if you want to discuss.
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answered on Sep 6, 2016
This is actually a very difficult question that involves much more than a few sentences of advising. The recommendation is to not use your competitor by name to avoid any confusion or the appearance that you are using their name to promote your product. Now, if you've taken steps to avoid... View More
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answered on Aug 25, 2016
A registered trademark will give you a rebuttable presumption of ownership, hugely important if a dispute arises, also the longer you have a registered trademark the greater evidentiary weight it carries with respect to ownership.
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answered on Aug 23, 2016
You likely copyright that since it's a work of the visual arts. Trademarks are reserved for branding such as logos, slogans, tradenames, trade dress, a trademark identifies the source (producer) of the goods or services associated with the registered mark.
answered on Jan 19, 2016
A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to... View More
I want to use part of a logo and not the full logo? Is this permitted?
answered on Jul 14, 2015
This can't be answered in the abstract. It would depend on a variety of factors, most importantly whether the original part can be identified and is it confusing to the public. A NY intellectual property lawyer can advise.
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