Jason Brooks' answer 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).
Jason Brooks' answer 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 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
Benton R Patterson III's answer 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 would need to review your specific application to determine why it is abandoned.
Benton R Patterson III's answer 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.
John Espinosa's answer This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
Andrew Zulieve Esq's answer 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.
Benton R Patterson III's answer A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.
Jason Brooks' answer 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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
Benton R Patterson III's answer 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 can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
Benton R Patterson III's answer 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 issued.
Benton R Patterson III's answer 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 this question.
Michael Gerity's answer If you are talking about a federal trademark registration with the U.S. Patent & Trademark Office, understand that the process usually takes around a year or more. When you go to the USPTO website (www.USPTO.gov) you can search for your mark and it will show the status there. What you want to see on the main listing page are lines for Published for Opposition, Registration Number, International Registration Number, and Registration Date. If those lines are not there, your mark hasn't been...
Benton R Patterson III's answer Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
S. Michael Graham's answer You can contact the Texas Department of Insurance, Division of Workers' Compensation. Your husband will need to provide his name and SS# and date of injury. They should be able to provide you with the information you need. You can also google the Insurance Company to see if they can tract the claim number down. If his doctors still retain any of the medical records, there may be a Carrier claim number there as well. Good Luck.
Will Blackton's answer You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.
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