Get free answers to your Trademark legal questions from lawyers in your area.
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... View More
answered on Sep 22, 2020
Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.
-Tim
Or this
answered on Sep 22, 2020
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!
-Tim
answered on Sep 14, 2020
Are you asking whether you can use your own trademarked logo on clothing or that of another? There's a different answer to your question depending on that distinction.
(cont) to trademark said name + my sub heading= altogether?
answered on Sep 7, 2020
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... View 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... View More
answered on Aug 25, 2020
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... View More
answered on Aug 7, 2020
Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck
Tim Akpinar
I do not have a physical location for my business.
answered on Jul 14, 2020
While a Voluntary Amendment can be filed, your original application will remain as public record. If you need any further assistance, please call or email.
answered on Jun 19, 2020
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... View More
I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.
answered on Jun 9, 2020
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.
Tim Akpinar
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.
Is that overkill... View More
answered on May 3, 2020
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... View More
answered on Apr 21, 2020
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... View More
My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?
answered on Apr 21, 2020
You should speak with an attorney about the possibility of filing a Petition for Cancellation of the registered trademark if you feel that your trademark has priority of use over the registered mark.
Is there a way around this and keep my name? Does it matter that I have had the domain for a year already? Our logo designs are totally different.
Hello,
I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?
Thanks in advance.
answered on Mar 31, 2020
This response is not specific legal advice and is not intended to create an attorney-client relationship.
You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .
A trademark is a word, name, phrase, slogan, or... View 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... View More
answered on Mar 23, 2020
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... View More
answered on Feb 15, 2020
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.... View More
Company A has a trademark issued and has a product with part of the trademarked name. They filed it under Class 9 and Class "41".
Can Company B apply for a trademark for the same name under Class 9 & Class "42" and still get approved? Both operate on Mobile App Stores.
answered on Feb 15, 2020
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... View More
answered on Feb 13, 2020
it will depend on the owner and what your intentions are
expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it
best luck
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!
answered on Feb 3, 2020
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... View More
answered on Jan 22, 2020
Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.
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