Purchasing a cancelled or abandoned trademark can be a complex process, but it is possible to acquire them if you follow the right steps. Here’s a general guide on how you might proceed with the trademarks you’ve found:

- Use the United States Patent and Trademark Office (USPTO)... View More

If a trademark is expired or abandoned on the USPTO then it no longer is protected under trademark rules and regulations. The next steps would be to file an application for those marks with the USPTO. It is best to work with a trademark attorney or company to assist you with procuring rights to the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More

It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... View More

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a... View More

Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... View More

A trademark is an insignia, phrase, word, or symbol that is used to denote specific goods or services and legally differentiates it from all other goods or services of its kind.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in... View More

Robert Kost Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2021

Here are two reasons it is in your interest that this question not be answered in this forum:

1. You really don't want to analyze and deliberate in public, let alone convey your concerns and intent where a potential plaintiff might see them.

2. The question is not only a... View More

There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products.... View More

Depends

You need to consult with an attorney to review your chances

I think I know what you're asking, but not entirely sure.

If you have a design for your small business and would like to know how it fairs in regards to trademarking feel free to reach out to an attorney for a consult.

Consult with an attorney so she can do proper searches and give you a risk assesment.

No

Consult with an attorney to understand your options and risks

Depending on whether it is an application or registration, different petitions to revive might be an option, particularly if the abandonment was related in some way to the COVID-19 pandemic.

You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.

More... View More