Get free answers to your Trademark legal questions from lawyers in your area.
It seems that the lawyer that filed my trademark filed it under the incorrect name and not my business name. Is there a way that I can get the name of my trademark changed?
answered on Sep 23, 2018
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the... View More 
answered on Sep 4, 2018
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.
If you are... View More
I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... View More
answered on Aug 7, 2018
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.
What standard would I use to decide what I am allowed to include on the map?... View More
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answered on May 11, 2018
Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... View More
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answered on May 11, 2018
Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... View More
We are looking to register our trademark, but research has shown, that another company with the same name and a registered trademark already exists.
But not only this, their trademark is registered in the same class 9.
However, they are producing heavy CNC machinery, where our... View More
answered on Apr 9, 2018
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
I held 2 domain names about 6 years ago that I let expire because I lost my job and couldn't afford to keep them anymore. Scrolling through my small domain portfolio today, those 2 domains popped up into my head, and I wondered what became of those names. . . so I check it's availability.... View More
answered on Mar 24, 2018
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
answered on Feb 15, 2018
It is easy to prepare the actual trademark application documents. Preparing the documents accounts for 10% of the work involved in securing a good trademark. A trademark attorney can search for potentially conflicting trademarks to determine if your potential trademark is likely to be registered,... View More
My mother started this church dance group about 10 years ago and recently wanted to get either copyright or trademark protection for the name. Can she actually get a trademark for the name even though she has not formed a separate entity for the dance group?
answered on Jan 29, 2018
You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.
answered on Jan 9, 2018
Hi the "innies n' outies" was trademarked under the category of appearances. If you are trademarking outy under different class of goods, it is likely that you can get it.
answered on Dec 26, 2017
It depends on what goods/services your trademark is used with and what the celebrity is known for. You should speak with a trademark attorney about this in a confidential conversation.
I can send images.
answered on Nov 8, 2017
Yes, this is a common service that many trademark attorneys provide. Contact a trademark attorney and ask for an infringement opinion. The attorney will review your proposed designs and the registered trademarks, and then prepare an opinion letter on the likelihood of infringement.
answered on Nov 6, 2017
You should be able to use your aunt's name, unless barred by some other principle of law, such as trademark infringement.
What's the purpose for listing the items the brand currently offers? Thanks!
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answered on Oct 18, 2017
It all depends. Of course you can trademark the brand, which identifies the source of the goods / products / services. You can also trademark the name of a product sold by that brand, which again identifies the source of the goods / products / services. Think of a large company like Coca Cola,... View More
Hello, I'm looking to trademark a brand for items used in the kitchen. Every item I currently sell falls within one USPTO class. USPTO requests to list all items sold so my question is, what about items I don't sell yet but might sell in the future? Also, I am looking to trademark a brand... View More
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answered on Oct 17, 2017
List the items you currently use, and then in the future when you add to the goods amend it to include the new items.
I sell Long Island Wine Tours, a competitor claims they "OWN" the trademark:
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:91vdmw.6.1
And it is registered. They are demanding that i remove all mentions of "Long island wine tour" from my website... View More
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answered on Oct 10, 2017
The disclaimer on the USPTO for their Trademark states:
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN
So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours"... View More
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answered on Oct 9, 2017
Most likely yes. But more details would be needed for a better analysis and conclusion.
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answered on Sep 8, 2017
$1500 is a pretty reasonable rate, filing fees the USPTO charges are about $250 additional.
A few examples are: The Cones of Dunshire from the TV show 'Parks and Recreation', CharDee MacDennis from the TV show 'It's Always Sunny in Philadelphia', and True American from the TV show 'New Girl'.
answered on Sep 4, 2017
For copyright purposes, just as you cannot copy a real game, you may not copy from someone's imaginary game. In both instances, someone created the board game and to the extent the board was an expression of the idea of the game, then that would be off limits without the copyright... View More
answered on Sep 2, 2017
The phrase "intent to use" describes one kind of application a person can make to the United States Patent and Trademark Office to register a trademark. It means that you "intend" to use the mark in the future but as of now your use does not meet all of the requirements to prove... View More
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