It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... View More

Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and... View More

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

This answer... View More

Yours is a complicated question as to what the originator of the "day" has registered and would want to protect. It would be best to work with a trademark attorney to understand what is the effect of the registrant's disclaimer.

I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.

If you wish to register the new logo as a trademark you will have to file an new application for registration. Many people file for trademark registration for both the business name and logo/ design.

There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: jason@altviewlawgroup.com

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word... View More

You are confusing the process. You can buy a brand or trademark from somebody who has rights over it.

If an application or trademark expired or were abandoned, you can file for it.

However depending on what the brand is, the trademark may have some value or owner, if it has been... View More

You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.

Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead... View More

You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate... View More

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long... View More

You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.

I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss

There are a lot of legal issues in your question, more than can be resolved in a forum like this. A few points may be helpful:

1. Trademarks must be renewed.

2. Trademark rights are not obtained by paying for a registration, they are obtained by using the mark in commerce.... View More

With trademarks, the association between your mark and a PARTICULAR type of goods and/or services is a critical element. As such, you have to pick which particular goods and/or services you are going to use the mark with, and then actually use the mark in conjunction with the offering or sale of... View More

Before you even get to trademarks, you should be considering things like forming a business entity, getting a tax ID number, looking into state and local tax (sales tax, use tax, etc) issues, etc. You also need to consider contracts with stores or other sales channels, and if you haven't done... View More

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to... View More

Well, it sounds like you have not started using your mark in commerce, which is what is required to secure a priority date vs. another user. As such, if their mark is actually valid (federally registered marks are entitled to a presumption of validity, but that presumption can be overcome in... View More