answered on Oct 12, 2023
If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More 
answered on Oct 14, 2023
If a mark was abandoned after registration it is generally due to failure to provide notice of continuance of use between the 5th and 6th year of registration. If a mark was abandoned prior to registration ti would be due to failure to answer an office action in a timely manner. A mark that is... View More
answered on Oct 18, 2023
A trademark that has been abandoned with the USPTO can include (1) applications that received an office action refusal but no timely response or (2) registrations for which the owner did not make a timely maintenance filing, such as a Section 9 renewal. Depending on your circumstances, there may be... View More
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answered on Oct 15, 2023
If a trademark is listed as "abandoned" on the United States Patent and Trademark Office (USPTO) database, it means that the USPTO believes the application or registration is no longer in pursuit or has lapsed due to certain reasons, such as failing to respond to an Office action or not... View More
answered on Sep 28, 2023
At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the... View More
answered on Sep 28, 2023
This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.
I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More
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answered on Sep 11, 2023
Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More
If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More
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answered on Sep 4, 2023
Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More
I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.
answered on Aug 8, 2023
LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More
I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.
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answered on Aug 15, 2023
Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you... View More
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answered on Aug 6, 2023
To seek permission to use a trademarked phrase, you should try to identify the owner of the trademark and contact them directly. You can search the United States Patent and Trademark Office (USPTO) database or other relevant sources to find the trademark owner's contact information. If you are... View More
If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the... View More
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answered on Jul 28, 2023
If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be... View More
I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.
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answered on Jul 28, 2023
Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More
Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.
answered on Jul 2, 2023
FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More
Or make the + a T
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answered on Jun 18, 2023
No, making a minor alteration to the Red Cross symbol, such as adding a break in the plus sign or changing it to a T, would still likely be considered a violation of the Geneva Conventions and the federal law that protects the Red Cross symbol.
The Red Cross symbol is protected by... View More
I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More
answered on May 26, 2023
There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... View More
I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More
answered on May 25, 2023
Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... View More
The difference in trademark, copyright, or patent and what I need for my project
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answered on May 22, 2023
Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:
Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the... View More
The difference in trademark, copyright, or patent and what I need for my project
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answered on Jun 18, 2023
Hi there!
Trademarks, copyrights, and patents are all types of intellectual property protection, but they protect different types of creations. Here is a brief overview of each type of protection:
1. Trademarks: A trademark is a word, phrase, symbol, or design that identifies and... View More
The difference in trademark, copyright, or patent and what I need for my project
answered on May 19, 2023
This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
I hope that this helps. Note--just as you may have a dead... View More
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