Trademark Questions & Answers

Q: I have a trademarked logo, and now a judge has entered a preliminary injunction due to a suit filed by someone.

1 Answer | Asked in Trademark for Nevada on
Answered on Feb 21, 2018

You should speak with a trademark attorney in Nevada as soon as possible. It is possible to obtain an injunction if the defendant has not responded to a lawsuit. A trademark infringement plaintiff is not required to file an opposition to a trademark application before bringing an infringement suit. It is also possible to be sued in a jurisdiction that you and the plaintiff do not reside in, depending on the facts.
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Q: What do I need to do when my trademark is in abandoned status?

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Answered on Feb 20, 2018

An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.
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Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?

1 Answer | Asked in Copyright, Business Law and Trademark for Texas on
Answered on Feb 20, 2018

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.
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Q: If the use of "Starving Artist" is displayed differently such as using it on a logo does that still mean its protected?

1 Answer | Asked in Copyright, Patents and Trademark for Kentucky on
Answered on Feb 19, 2018

It depends on what is trademarked. It could be the logo, it could be the stylized lettering, or it could be the text itself. You, or your trademark lawyer, should be able to find out upon examining the Trademark Office files.
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Q: What are the benefits of hiring an attorney to help me register a trademark? Is it simple to do on your own?

1 Answer | Asked in Trademark for New York on
Answered on Feb 15, 2018

It is easy to prepare the actual trademark application documents. Preparing the documents accounts for 10% of the work involved in securing a good trademark. A trademark attorney can search for potentially conflicting trademarks to determine if your potential trademark is likely to be registered, valid, and enforceable. Often people attempt to register trademarks that are either not enforceable against competitors because of prior use or they attempt to register trademarks are not being...
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Q: Question about registering a legal entity in the software industry using a well known trademark.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.
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Q: Im confused on whether my trademark is approved or if its still pending?

2 Answers | Asked in Trademark for Texas on
Answered on Feb 8, 2018

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...
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Q: A cork maker owns their trademark in wine, but not for household goods, which I want for a corkscrew. Can I trademark?

1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Answered on Feb 8, 2018

There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks. The fact that the customers of each business are different is relevant, but not conclusive. I recommend speaking with a trademark attorney to evaluate all the facts to determine your chances of...
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Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Answered on Feb 8, 2018

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...
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Q: My husband broke his hip working for a company over 20 years ago they had amerisure and it was done thru workmans comp

1 Answer | Asked in Personal Injury, Workers' Compensation and Trademark for Texas on
Answered on Feb 8, 2018

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.
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Q: We would like to use "Born to Sparkle!" on a shirt for a fundraiser. "Born to Sparkle" without the "!" is registered.

1 Answer | Asked in Trademark for Minnesota on
Answered on Feb 7, 2018

The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your products were separate from those with the registration.

With that said, note that trademarks are specific to the type of goods and/or services with which they are offered. You don't say what...
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Q: Hello My question is regarding foreign trademark...can foreign company sue if they have no US trademark?

1 Answer | Asked in Trademark for California on
Answered on Feb 7, 2018

The one thing you need to keep in mind is that, while registration is important, the rights to a trademark arise from the actual use of a mark in commerce in conjunction with particular goods and/or services. As such, you will need to be careful to determine whether or not they are using their mark in commerce in the US, even if they haven't registered that trademark in the US. Trademarks are country-specific, but you would have to make sure that they have not used the mark in commerce in the...
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Q: Trademark Infringement

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Feb 7, 2018

That's a lot for the actual damages involved. What state are you in? I've handled a lot of IP infringement cases (on both the plaintiff's side and the defendant's), and we usually work out more favorable settlements than that.

***Please note the important disclaimers at the bottom of this page.***
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Q: Trademark Help

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Answered on Feb 6, 2018

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a determination.
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Q: Can a trademark registered in classes 9, 25 ,41 reports notice of trademark infringement for a simple handmade poster?

1 Answer | Asked in Trademark for California on
Answered on Feb 6, 2018

Possibly so, depending on what goods/services the registered trademark is associated with. The central question is whether there is a likelihood of confusion, not necessarily whether the classes match. It is best to consult a trademark attorney to determine if your poster infringes.
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Q: If I assign only goods that I am currently Selling, will I be protected for other goods of the same international class?

1 Answer | Asked in Trademark on
Answered on Feb 6, 2018

you should register the trademark on all the goods.
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Q: How do I find out if my logo and brand name aren't already registered?

1 Answer | Asked in Copyright and Trademark for Texas on
Answered on Feb 5, 2018

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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Q: Do I need trademark license if I am doing ecomerce, selling T-shirts online and would like to use a movie/serials name.

1 Answer | Asked in Copyright and Trademark on
Answered on Feb 5, 2018

If you want to avoid being sued, you should secure the rights and permissions of creators or rights-holders to sell their images on t-shirts.
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Q: How can I stop a trademark that someone has made that isn’t theirs to trademark?

1 Answer | Asked in Consumer Law, Products Liability and Trademark for Tennessee on
Answered on Feb 1, 2018

If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to wait until the application gets published for opposition, and then file an opposition with the Patent & Trademark Office.

***Please note the important disclaimers at the bottom of the page.***
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Q: May a registered mark be used on a good not directly specified in the "App", but in the same class? The class is (016).

1 Answer | Asked in Copyright, Intellectual Property, International Law and Trademark for Florida on
Answered on Jan 31, 2018

You need to consult with an experienced trademark attorney prior to taking what seems on its face to be a very risky tack. If your proposed product is sufficiently related to that sold under the registered mark, then you may have a serious infringement issue.
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