Ahaji Kirk Amos' answer Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.
Joseph Jaap's answer Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Peter N. Munsing's answer You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a Trademark attorney before giving up hope.
Sean Erin Serraguard's answer Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and services. Copyrights are for protecting works of art, writing and other creative goods. If you are treating this design as a logo, then trademark. Changing color or font may affect the design mark,...
Joseph Jaap's answer A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
Griffin Klema's answer I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.
Answered on Apr 14, 2019
Ahaji Kirk Amos' answer No. Trademark rights are based on use, not USPTO registration. So, you will need to make sure no one has used the mark in a confusingly similar manner prior to your use before you proceed. I have a video on this topic on my website.
Ahaji Kirk Amos' answer I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek cancelation of the trademark.
You can schedule a consultation with more or learn more about cancelations on my website: https://www.ahajiamos.com.
Griffin Klema's answer The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into problems trying to register that phrase (serial no. 87288007) because a similar registered mark existed (serial no. 86481725) for "I'LL BE YOUR HUCKLEBERRY". I recommend you get a clearance opinion...
Griffin Klema's answer Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've written a detailed post on how to evaluate abandoned trademarks: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
Griffin Klema's answer You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.
Griffin Klema's answer If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called common law trademark rights.) A registration is evidence of a claim to trademark rights, and is not the source of the right itself.
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