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Trademark Questions & Answers
Q: I’m applying for a trademark for my retail company. Can I get one if I produce nothing of my own?
Q: Trademark issue from previous owner?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
New York
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
Benton R Patterson III's answer
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
Q: When trademarking a brand name, can a colon or hyphen be incorporated within the name?
1 Answer
| Asked
in
Copyright, Products Liability and Trademark
for
California
on
Answered on Aug 2, 2018
Answered on Aug 2, 2018
Q: I need to why is my trademark logo status is saying abandoned, when I payed for the trademark
Benton R Patterson III's answer
You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney would need to review your specific application to determine why it is abandoned.
You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney would need to review your specific application to determine why it is abandoned.
Q: Hi Lawyer,I'm from Vietnam and working for a Vietnamese Company now.We want to register 3 trademarks in US.
Benton R Patterson III's answer
An attorney would need to know more about the goods and services associated with the potential trademarks. You should speak with a US trademark attorney in a confidential consultation.
An attorney would need to know more about the goods and services associated with the potential trademarks. You should speak with a US trademark attorney in a confidential consultation.
Q: Can a lawyer get me a permission to use a trademark on my 3D model?
Benton R Patterson III's answer
A lawyer can negotiate with a trademark owner on your behalf. Although, the trademark owner has the right to grant permission to use his or her trademark.
A lawyer can negotiate with a trademark owner on your behalf. Although, the trademark owner has the right to grant permission to use his or her trademark.
Q: I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I
Benton R Patterson III's answer
A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.
A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.
Q: What kind of rights would I need so nobody can duplicate my idea or what I’m want to do.
1 Answer
| Asked
in
Patents (Intellectual Property) and Trademark
for
California
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Peter D. Mlynek's answer
This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to California, due to the strong movie and entertainment industry presence in the state.
You will need a California lawyer to help you with this.
This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to California, due to the strong movie and entertainment industry presence in the state.
You will need a California lawyer to help you with this.
Q: how do i transfer a trademark I own to another company name
Benton R Patterson III's answer
You need to execute and record a trademark assignment. Any trademark attorney should be able to prepare this. I would note, before transferring the trademark, you must account for how the new owner will use the trademark. If not done correctly, the trademark could become abandoned.
You need to execute and record a trademark assignment. Any trademark attorney should be able to prepare this. I would note, before transferring the trademark, you must account for how the new owner will use the trademark. If not done correctly, the trademark could become abandoned.
Q: What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?
Benton R Patterson III's answer
You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.
You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.
Q: Would i be able to use the words "CHALLENGE YOUR MOUNTAIN" in companies tagline? And the image of my logo?
Benton R Patterson III's answer
A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.
A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.
Q: Hi. serial number Number86278642 . Is this trademark global? thanks
Jason Brooks' answer
No trademarks are given global protection. Standard trademark registrations through the USPTO are limited to the United States. If you wish to register an international trademark, you must separately register per country/territor using the international trademark registration system called the Madrid system or Madrid Protocol. It is administered by the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland.
An international application may be filed...
No trademarks are given global protection. Standard trademark registrations through the USPTO are limited to the United States. If you wish to register an international trademark, you must separately register per country/territor using the international trademark registration system called the Madrid system or Madrid Protocol. It is administered by the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland.
An international application may be filed...
Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?
1 Answer
| Asked
in
Copyright, Intellectual Property, Trademark and Internet Law
for
California
on
Answered on Jul 5, 2018
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.
It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.
Q: Ours is a partnership firm with 4 partners, based in India. We need to register our Trademark with USPTO. Pls. guide
Benton R Patterson III's answer
The fee to file an application electronically is $225 or $275 depending on the filing status. You will also need to pay an attorney to file the application. The attorneys fees can vary, but will generally be less than $1000. The estimated time to complete a registration is 18 months. I recommend speaking with a US trademark attorney to plan out how to establish your trademark rights in the US.
The fee to file an application electronically is $225 or $275 depending on the filing status. You will also need to pay an attorney to file the application. The attorneys fees can vary, but will generally be less than $1000. The estimated time to complete a registration is 18 months. I recommend speaking with a US trademark attorney to plan out how to establish your trademark rights in the US.
Q: How do I know if I can ignore a cease and desist letter regarding trademark infringement?
Benton R Patterson III's answer
Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could increase the amount of money the other side could recover.
Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could increase the amount of money the other side could recover.
Q: Will a registered trademark apply to new similar items added to a product line, of the same brand and category?
Benton R Patterson III's answer
Probably not, but it is possible. It depends on how the description of goods and services was drafted and whether the new products are in the same classification.
Probably not, but it is possible. It depends on how the description of goods and services was drafted and whether the new products are in the same classification.
Q: My last name is "Apple." Can I use it for my new business without getting sued by the tech company?
Terrence H Thorgaard's answer
Apple, Inc. is a California corporation. While it's business name is no doubt registered in Florida, as well as everywhere else, you won't get in trouble unless you name your new business "Apple, Inc.", or something similar. Name it something else: "[your first name] Apple Corporation", "Apple and Sons, Inc.", "Apple [type of business]", etc. But you probably shouldn't use "Apple Computer, Inc."; that is the former name of the corporation and may still be protected.
Apple, Inc. is a California corporation. While it's business name is no doubt registered in Florida, as well as everywhere else, you won't get in trouble unless you name your new business "Apple, Inc.", or something similar. Name it something else: "[your first name] Apple Corporation", "Apple and Sons, Inc.", "Apple [type of business]", etc. But you probably shouldn't use "Apple Computer, Inc."; that is the former name of the corporation and may still be protected.
Q: I am Laiston Jerels. Is there a way to renew this Trademark?
Joseph Jaap's answer
If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.
If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.
Q: Can I renew trademark 87016911
Joseph Jaap's answer
If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.
If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.
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