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Trademark Questions & Answers
1 Answer | Asked in Trademark for California on
Q: I would like to trademark a phrase I use in my business, a phrase which is also the name of a workshop that I teach.

How do I go about it? I know it hasn't been trademarked yet. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 17, 2020

You can take a shot at it.

You should contact an attorney to help you understand if it will even be acceptable as a trademark.

If it is generic, related to the topic, it will not be accepted. Think of apple for fruits.

You should also have plans for bringing it to market,...
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1 Answer | Asked in Trademark for California on
Q: Is there a trademark on Heritage Palms?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 10, 2020

You should make an appointment with an attorney to order a search and analysis of viability.

It will depend on what you are trying to protect, both the brand and the use.

Best luck.

1 Answer | Asked in Trademark for Texas on
Q: Can i put bmw image on a print on demand t-shirt?

I wan to open an online clothing store and i was thinking to make some t-shirts with bmw m power images. Am i allowed to this?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

No

bad idea

BMW could come over you at any time

too much risk

1 Answer | Asked in Bankruptcy, Social Security, Trademark and Wrongful Death on
Q: So my passports is ready?

in my cirial number is for visitor wi logo

Now I have turbologo and I need to know my passports is ready

Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

You could contact the Passport Agency/Passport Center handling your application/renewal. Good luck

Tim Akpinar

1 Answer | Asked in Trademark for Florida on
Q: hi is the name Lewis Hamilton Trademarked?

it says cancelled

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

There is a pending application

unless you are him or his attorney, you should not try to get it as it may be misappropriation of a famous image

talk to an attorney about your needs and plans

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
Kevin E. Flynn answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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1 Answer | Asked in Trademark for Florida on
Q: The company Pundit Music Corp scam me out of $499 for a trademark name through PayPal. Paypal refused to refund my $

Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

Try with your state attorney, AG, see if they can assist you

1 Answer | Asked in Trademark for New Jersey on
Q: How do I revive my trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 25, 2019

Depends on where you filed, how you filed and how long it has been abandoned.

Most likely you would need to start from zero, with a new application.

Be aware that somebody may be using it or may have registered it while you let it abandon.

you may have some common law rights...
Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: Hello, I'm thinking of creating a blog that revolves around the Tesla brand. For example, bmwblog.com has no affiliation

sadfsdfs

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 25, 2019

Looks like a good idea.

You should do your research on how other fan blogs do it.

You should also be assisted by an attorney along the way to help you avoid potential pitfalls.

best luck

2 Answers | Asked in Trademark for Rhode Island on
Q: When is a trademarked name violated? Does it have to be exactly or contain similar words to be in violation?

Robogolfpro trademarked

Rhode Island Robo Golf academy - name in question that violates trade mark..

Neville Bedford
Neville Bedford answered on Dec 19, 2019

I would recommend a professional meeting to discuss the different aspects of the potentially conflicting marks, use, and likelihood of confusion and class of goods registration for both marks. A trademark is an important asset to the organization and deserves dedication, and resources to ensure it... Read more »

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Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

2 Answers | Asked in Trademark for Florida on
Q: I want to trademark my blog/instagram name. What is the best way to do this/start this process and how much will it cost
Linda Liang
Linda Liang answered on Dec 16, 2019

You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.

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1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

1 Answer | Asked in Trademark for Texas on
Q: Is the trademark “bee happy” available for purchase?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

you need to work with an attorney to understand the availability of the trademark. you did not indicate where you want to use it or under what usage conditions.

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property, International Law and Trademark on
Q: Walt in a domain name?

I am an artist and been thinking about buying a domain name "walt" as it is my own name, for my personal artist website and brand. However, there is lots of companies named Walt and obviously Walt Disney. Will using that domain name get me in trouble or is the trademarks only affecting the category... Read more »

Karima Gulick
Karima Gulick answered on Dec 15, 2019

Is it just Walt in the domain name? Is there more to it? I recommend doing a search to make sure the trademark or variations of the mark are not owned by someone else in your field and related fields.

2 Answers | Asked in Family Law and Trademark for Georgia on
Q: Fathers legal rights were taken away do I still need to have consent to change my daughter's last name?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to have my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 11, 2019

We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

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1 Answer | Asked in Trademark for New York on
Q: Hi, My name is Vasyl and I’m looking to register Business name and Logos on trademark. I would really use some help.
Jason Brooks
Jason Brooks answered on Dec 8, 2019

Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Trademark on
Q: We apply our trademarks for almost 20 months, it is still pending, the newest status: 661, what we could do to speed up

Status: 661 - Response After Non-Final Action - Entered

Party NameJi Dongfan

Serial Number87885874

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2019

Looks like you are being refused because your mark is very similar to another one already registered.

Your best and cheapest option is to choose another mark.

Contact me if you need anything.

www.legalbizglobal.com

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