I already started the trademark process but it was canceled 10 yrs ago.
I’ve since changed the logo but the name remains the same. Can I continue with what I started?
answered on Jan 1, 2023
If you had an application in progress to register the mark, and it was not completed, it cannot be revived.
Since you refer to both a "logo" and a "name", I infer that the mark had both a text component and a design component. It is possible to register just the text... View More
I already started the trademark process but it was canceled 10 yrs ago.
I’ve since changed the logo but the name remains the same. Can I continue with what I started?
answered on Jan 1, 2023
I would just like to add that before you start a new registration application, you must conduct a common law clearance search for your mark, covering every single U.S. geographic market. The Lanham Act does grant a presumption of exclusive use throughout the territorial US to the first successful... View More
Am I infringing on copyright permission/issues?
answered on Nov 9, 2022
This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... View More
answered on Nov 4, 2022
If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More
answered on Nov 4, 2022
I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.
Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.
answered on Nov 8, 2022
The Lanham Act prohibits using a same or similar mark if it is likely to cause confusion among consumers. You need a comprehensive brand research analysis to answer your question, as trademark ownership in the US is segmented based on use in commerce in any part of the territorial United States.... View More
Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.
answered on Oct 25, 2022
The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.
I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More
answered on Oct 25, 2022
If your use of the mark for services in class 41 was prior to the date of use in the newly filed application, it would be wise for you to file an application in that class (citing your existing registration in class 25) so that it will be noticed by the examiner of the other applicant's... View More
I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More
answered on Oct 24, 2022
Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.
answered on May 16, 2023
Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More
answered on Mar 24, 2023
Maybe. You must consult with an attorney. The original owner may have rights to the brand.
My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... View More
answered on Oct 25, 2022
The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.
I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... View More
answered on Sep 19, 2022
These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... View More
Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... View More
answered on Sep 8, 2022
Dear Mrs or Mr,
in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need... View More
A big company is using a similar name recently that sounds the same but a different spelling. They’re in a different industry and I’m launching an app with the name. Is that going to be a problem?
answered on Sep 2, 2022
Dear Mr or Mrs,
this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality... View More
Am I protected from having my new site's logo/idea/branding infringed upon?
The new name will be listed as a project of mine/my DBA on both websites.
answered on Aug 1, 2022
A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More
My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.
https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896
answered on Jul 29, 2022
If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.
How do I create a lawsuit in the event of an infringement?
answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More
Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... View More
answered on Jun 18, 2022
The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)
If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar... View More
Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?
answered on Jun 17, 2022
It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... View More
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