Get free answers to your Trademark legal questions from lawyers in your area.
(US Trademark)
answered on Apr 20, 2020
Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark... View More 
It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.
answered on Feb 29, 2020
Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.
Would I likely get denied trademark even though their's is trademark with Dr. in front?
answered on Mar 12, 2019
Yes, very very likely
It will depend on the category where the existing trademark is registered
You should work both with a brand consultant and an attorney to make sure your selected brand is both strong for your marketing purposes, as well as clear, available and has a good chance... View More
would I probably get denied even though one is a good and one is a service?
answered on Mar 5, 2019
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
If the trademark of the... View More
In 2009 the status is as listed above. Am I able to register this trademark today?
answered on Nov 16, 2018
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
Can other people use it? Or is it property of Paramount/CBS like I expect?
answered on Apr 19, 2018
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
i don't see evidence of it's current use in commerce. but how to prove?
answered on Feb 27, 2018
You can, as it is abandoned, but that does not mean your registration will be successful.
If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?
answered on Nov 13, 2017
The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.
Otherwise, I would venture that even by just putting it on there, there could... View More
My small bakery business name is not currently registered on USPTO as a bakery, but several bakeries in other states have websites or social media pages with the same or a very similar name. I'd like to register it, but am wondering if I will lose the non-refundable application fees since some... View More
answered on Aug 31, 2017
When it comes to trademarks, priority matters most. Priority is established by using a mark, in commerce, in conjunction with the offering of particular goods and services. Generally, first to use in commerce gets priority rights to the mark, though there is an exception in that you can file an... View More
I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.
Regards.
Holger
answered on May 23, 2016
You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.
Creating an email and a flyer...do the pieces need to have the trademark symbol on them for Hills? I ask because we're not positioning ourselves as Hills, just saying they'll get a free bag from us.
answered on Feb 26, 2016
It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.
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