Get free answers to your Trademark legal questions from lawyers in your area.
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... View More 
answered on Oct 18, 2020
The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?
i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?
answered on Sep 22, 2020
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!
i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?
answered on Sep 11, 2020
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... View More
answered on Aug 26, 2020
Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.
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answered on Aug 18, 2020
It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.
answered on Aug 18, 2020
Not a candidate for a patent.
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.... View More
it is not trademarked, will my new trademark ownership supersede their existing use?
answered on Aug 7, 2020
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... View 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.... View More
answered on Jul 27, 2020
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.... View More
I want to register word mama
answered on Jun 24, 2020
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... View 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... View More
answered on Jun 20, 2020
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:
Topaz
Artisanal Artichoke Hearts – Sourced and... View More
answered on Jun 17, 2020
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... View More
I made a shirt with the word “GirlDad”
Would I be able to make same shirt by adding a space in between?
Example: “Girl Dad”
answered on Jun 17, 2020
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.
answered on Jun 15, 2020
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... View More
answered on May 28, 2020
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.
answered on May 7, 2020
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.
I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.
Searching this time around, there still... View More
answered on May 1, 2020
Contact the blog owner and inquire if they can put you in contact with the student. Note however that an intent to use is not the same as actual, continuous use in commerce. In the United States, the general rule is that trademark rights are based on priority of use in an actual business or trade.... View More
Word mark for a brand ie Clothing, footwear, headgear. Goods and services etc
Never Work Again investment group
answered on Apr 15, 2020
When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services... View More
from what i understand it was abandoned in 2017
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answered on Apr 9, 2020
Just because a mark is abandoned doesn't mean it's not still in use and the person may have common law rights. I would suggest enlisting the help of an attorney who can help you do a thorough search. Feel free to contact me at tania.williams@williamsfirmpa.com or 561-370-7396.
I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find... View More
answered on Apr 3, 2020
Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of... View More
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