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Trademark Questions & Answers
1 Answer | Asked in Trademark on
Q: If a phrase is trademarked can I use it as my blog name online? 'Taste buddies"
Evelyn Suero
Evelyn Suero answered on Sep 19, 2020

If use of a trademark would create confusion as to the source of the goods or services (ie. whether the good or service is sold by one company vs another), then it could be considered infringement of the trademark, especially if both trademarks are used in the same or related class/category(s) of... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: I would like if I didn't infringe any trademark right and I get suit, what can I do?

My paypal account got suspended, due to a court order below and I never receive any email from the law firm before. Also the claim is strange, I never use or produce any of those company products. As my company is base in Hong Kong how can I defense myself from this law suit?

Court: US... Read more »

Michael Gerity
Michael Gerity answered on Sep 18, 2020

Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)... Read more »

1 Answer | Asked in Trademark on
Q: Hi, I applied for a trademark years ago, and abandoned it. Now, my address is accessible online. Can I remove?

Is it possible for me to remove my trademark application? Or at least my name & address? Now my home address is publicly accessible to anyone who looks it up & this makes me concerned for my safety.

Thank you for your help!

Best,

Eve

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

Trademark applications and registrations are public records.

2 Answers | Asked in Business Law and Trademark for Florida on
Q: I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something

We want to trademark/stripe "Got Your Six"

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.

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2 Answers | Asked in Trademark for New York on
Q: Can I use a trademarked logo for clothing? Serial Number 87261241
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

Are you asking whether you can use your own trademarked logo on clothing or that of another? There's a different answer to your question depending on that distinction.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

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?

Evelyn Suero
Evelyn Suero 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... Read more »

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2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.

Justia Disclaimers below, incorporated herein.

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2 Answers | Asked in Trademark for Mississippi on
Q: Sold our business. In the agreement we also sold the trademark. What does the new owner need to do to change ownership?
Jason Brooks
Jason Brooks answered on Sep 9, 2020

You'll need to execute a Trademark Assignment Agreement which effectively assigns the trademark and any goodwill associated with the mark to the new owner. Then that Owner can file an amendment with the USPTO. If you need assistance with any of this feel free to email me at... Read more »

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1 Answer | Asked in Trademark for California on
Q: the name HOOKLESS has been trademarked. Does that mean that you cannot use the word hookless as an adjective???
Evelyn Suero
Evelyn Suero answered on Sep 8, 2020

If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Can trademarks in website URL's be disputed?

For example, if someone trademarks "Essential Hunting Gear" would the website "Essential Hunting Gear Warehouse" be violating the trademark? Specifically if the verbiage on the website was Essential Hunting Warehouse

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 8, 2020

Possibly.

First of all, trademarks and trademark registrations are different - kind of like a car and the title to the car. This will determine the strength, scope and reach of the senior user's rights.

In this instance, if the other party owns and uses EHG as a...
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1 Answer | Asked in Trademark for New York on
Q: if I see someone has trademarked the same name as I would like to, but theirs is in a unique font would I still be able

(cont) to trademark said name + my sub heading= altogether?

Evelyn Suero
Evelyn Suero answered on Sep 7, 2020

If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many... Read more »

3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 6, 2020

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what...
Read more »

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1 Answer | Asked in Trademark for Alabama on
Q: Hello! I purchased a trademark that is now in abandoned status. I would like to know the proper steps to reactivate.

Serial Number 85926113

Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in... Read more »

1 Answer | Asked in Trademark for California on
Q: Is there a such thing called common law trademark ?
Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Trademarks which are used prior to registration accrue common law rights against infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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1 Answer | Asked in Trademark for Washington on
Q: May I know please whether if it is legal to register a special, long-standing word as a company's trademark!?

Hello,

A Word Mark named VIREMEDY and a Trademark as viRemedy have been cited on https://trademarks.justia.com/872/16/viremedy-87216579.html .

However, VIREMEDY has been the special name of a particular remedy since several years ago.

Everyone could simply search the Web for... Read more »

Michael Gerity
Michael Gerity answered on Sep 2, 2020

Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an... Read more »

1 Answer | Asked in Copyright, Admiralty / Maritime, Intellectual Property and Trademark on
Q: Hi, I would like to use the word navy in my business name. Would this cause conflict with The US Navy?

Has the US Navy trademarked the word “navy” ? Is it possible to use the word ”navy“ (referencing the color) in a business name in combination with other words? It is for a design industry business and in no way related to anything military. I would hate to name my business only to have it... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

Your question awaits a response for a week. There aren't really any admiralty/maritime law issues here, and that may have overshadowed the IP attributes of your straightforward question. There's no guarantee that every question is picked up, but you might have better chances of a response... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

2 Answers | Asked in Trademark for Arizona on
Q: If full send is trademarked, how would we go about getting full send AZ trademarked?
Evelyn Suero
Evelyn Suero answered on Aug 30, 2020

The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a... Read more »

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