The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into...Read more »
If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called...Read more »
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275...Read more »
You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney...Read more »
A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.
If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »
No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.
1) I am new to business area. In my future 1-2 yrs down the lane I may plan to take up business. I thought of a name I like. I want it to be registered or trademark so that no one uses the same name in my area of my business lets say Petcare Industry. How can I do it?
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use...Read more »
Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you...Read more »
A United States trademark is enforceable only in the United States. If you want to enforce your trademark in another county, you would need to file a trademark application there. There is a simplified international registration process that may be available depending on when your US trademark...Read more »
Another shop owner in Etsy accused me of stealing her designed item and photos for the items that she says she owns. She forced me to remove cease selling or get sued. The Alibaba site shows the items as unbranded.? They are currently bought & sold & resold all over the world? I find them in... Read more »
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to...Read more »
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