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 »
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 »
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 »
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!
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 »
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 »
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 »
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...Read more »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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!
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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