Get free answers to your Trademark legal questions from lawyers in your area.
When I say update trademark. like with a logo or design. No I never had a lawyer. I did the trademark on my own n I didn’t know what I was doing.
answered on Apr 29, 2022
Most likely the application was deemed abandoned for failure to respond to an Office Action within the required six months, and the Office Action was probably an initial refusal that could have been cured by an amendment to the application. The abandoned application cannot be revived, so you... View More 
I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of... View More
answered on Apr 21, 2022
A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.
There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE... View More
answered on Apr 4, 2022
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... View More
answered on Mar 25, 2022
Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).
If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark... View More
How can we prevent them from copying my trademark brand name and logo
answered on Jan 27, 2022
It will depend on what rights you have developed on the mark.
Consult with an attorney.
answered on Jan 3, 2022
You need to consult with an attorney.
If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... View More
answered on Jan 3, 2022
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are... View More
answered on Nov 23, 2021
The federal registration symbol, ®, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.
If an online seller got sued because of THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A with more than 700 sellers. In these kind of cases, what is the approximate cost of defending the case for an Individual seller. As we understand fee might differ from Lawyer to Lawyer,... View More
If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
answered on Sep 29, 2021
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the... View More
I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.
answered on Sep 3, 2021
Even if a brand is expired in the trademark registry it can still be owned by somebody.
You need to invest in a consultation with an attorney to analyze your case and provide options.
Is it basically up for grabs?
answered on Sep 3, 2021
Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.
I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?
answered on Aug 26, 2021
It all depends on the rules of the other country.
Most likely it will need to be a locally licensed attorney.
answered on Aug 3, 2021
Probably not
Consult with an attorney to understand your risks
Sisea- Registered for clothing.
Seasi - Unregistered but would like to trademark it for swimwear.
answered on Jul 7, 2021
Your best option here is to consult with an attorney.
You run a serious risk without doing so due to what is called likelihood of confusion.
Thats why you don't see companies called "NYKE" selling clothing.
I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.
answered on Jul 5, 2021
Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.
answered on Jun 19, 2021
Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!
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