If i were to use koolaid for a website like twitch (without caps or dashes) and I started broadcasting with the name like "koolaid person" would I be subjected to copy right and could I get sued for that because I don't want to get into any troubles!
Here's some quick information for you. First, you wouldn't be dealing with copyright. This would be a trademark issue. Second, capitalization, spaces, dashes, etc. do not make a difference. The USPTO uses phoenetics to determine if a mark is similar or not. So they would sound identical....Read more »
It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.
You should speak to a trademark attorney about your specific situation.
I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »
Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark...Read more »
It depends on how you are wanting to use the word. Are you wanting to sell crayons under the name Crayola? That's definitely not allowed. However, there are many other ways that you could legally use the word Crayola depending on what you are trying to do or sell. Also, the protections here...Read more »
Infringement is similarity in sight or sound for similar goods or services. Many factors exist - when did you first use - are the goods / services similar - where is the opposing using the mark - how do you use the mark?
You will have to see counsel who will have to see all...Read more »
My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »
It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!
A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required...Read more »
35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....Read more »
I hate to say it, but that really depends on the circumstances. A company may have common law trademark rights if it has not registered a trademark with the USPTO. Those rights usually are limited to a geographical location, but again it's going to depend on the specific circumstances. Feel...Read more »
My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »
It is not clear what your invention is so my answer is going to be somewhat general.
You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....Read more »
There is a requirement under Section 8 of the Trademark Act to file an affidavit or declaration of use of the mark (or an excusable reason for non-use) in addition to a fee – at different time periods after the registration of a trademark.
Consider consulting with a trademark attorney to...Read more »
I'm not sure it can be registered as it may fall under either "suggestive" or a "descriptive" mark - the service for both is in the name - web development. I'm also not sure if I could be sued for copyright infringement/financial loss by earlier adopters of very... Read more »
When viewing trademarks at a more theoretical level, imagine a food packaging label. You’ll have the trademark on the first line and then on the second line you have a description of the product. So, for this made up example:
Someone has filed a petition for cancellation of the trademark with the TTAB (Trademark Trial and Appeal Board.) The trademark owner must respond to the petition before the deadline, or the trademark will be cancelled. Look up the trademark in the USPTO databases (TESS, TSDR) to find out the...Read more »
Adding a space between the trademarked phrase may not be sufficient to overcome a likelihood of confusion and may result in a claim of trademark infringement if this mark is used in the same or related class of goods or services. Consult with a trademark attorney for more information.
Maybe, but it would depend on what the rejection was and whether sending a specimen with a different item will raise new issues. If you send a specimen that is clearly a picture of a different item, there could be a question of whether the new item was in use at the date that you claimed the...Read more »
You should conduct a thorough trademark search to determine if anyone is using/has registered that trademark or a confusingly similar trademark. For registered marks, you can search the USPTO database. But note that unregistered trademarks that are in use also have trademark rights.
Usually the examiner wants it clear that you are "disclaiming" any right to a generic word. For example, if you used the word "association" in your mark, you do not acquire any rights in that word. Anyone can use the same word in their mark.
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