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New York Trademark Questions & Answers
1 Answer | Asked in Trademark for New York on
Q: What is the fastest and easiest way to trademark the name of my product under Federal law?
Barry E. Janay
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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.

1 Answer | Asked in Trademark for New York on
Q: hello, is there a difference between the mark "bridesmate" and "bridesmates" can i use bridesmates since no mark exists?
Barry E. Janay
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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...

1 Answer | Asked in Trademark for New York on
Q: I would like to use a name for my company that already appears to be trademarked,

but the other company is in a totally different industry and isn't famous. Is it ok to still use that name?

Barry E. Janay
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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

1 Answer | Asked in Trademark for New York on
Q: I am developing an idea for a new app and I want to make sure no one steals the name i want to use. Can I trademark it?
Barry E. Janay
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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.

1 Answer | Asked in Trademark for New York on
Q: I want to trademark my business name but recently found a similarly named entity on the internet that is already

trademarked. It seems like they offer similar services to mine. Can I still use my business name in my TM?

Barry E. Janay
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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...
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1 Answer | Asked in Trademark for New York on
Q: I have been operating an online business for a while.

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?

Barry E. Janay
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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.

1 Answer | Asked in Trademark for New York on
Q: I have a website -- am I able to trademark the URL?
Barry E. Janay
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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.

1 Answer | Asked in Trademark for New York on
Q: Can I use my competitors name in my search keyword ads if their name is trademarked?
Barry E. Janay
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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

1 Answer | Asked in Trademark for New York on
Q: Do I have to register my tagline as a trademark or if I use it in commerce, does that suffice?
Barry E. Janay
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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.

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how do I trademark a online scripted video show aka webseries?
Barry E. Janay
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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.

1 Answer | Asked in Trademark for New York on
Q: hello it says my trademark is suspended may i ask why & what causes that & what may i do ?
Changi Wu
Changi Wu
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

1 Answer | Asked in Trademark for New York on
Q: Can part of a logo be used without permission?

I want to use part of a logo and not the full logo? Is this permitted?

Adam Studnicki
Adam Studnicki
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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