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Trademark Questions & Answers
2 Answers | Asked in Trademark for Texas on
Q: If this trademark is abandoned, how can I get it for my wellness comany
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

You need to consult with an attorney.

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1 Answer | Asked in Trademark for Florida on
Q: Is it required for a trademark attorney to give you your file if you request it?

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Linda Liang
Linda Liang answered on Sep 24, 2021

An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.

1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

2 Answers | Asked in Trademark on
Q: What Does No Standard Character Claim Mean in a Trademark? ex: "i love" trademark

The "I LOVE" Is A Trademark But In The Mark Information There Is This Phrase " No Standard Character Claim" what does it mean?

Linda Liang
Linda Liang answered on Sep 21, 2021

As it says, it means your mark is not composed standard character. i.e, it is of particular font or has some characteristics, which you need to making a claim by specifying.

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1 Answer | Asked in Trademark on
Q: Can a Third-party seller on Amazon use "gorilla glass" in their product description if its a replica manufactured by the

A third party seller on amazon used the description "gorilla glass" in their own manufactured replicated glass screen protector which is the main reason I purchased the product because it claimed it was GORILLA GLASS as well as the military grade metal phone protective case. When iI... Read more »

Linda Liang
Linda Liang answered on Sep 20, 2021

If you can prove that a) there is lacking of gorilla glass screen b) lacking of gorilla glass is the cause of the broken screen, you have a cause of action for misrepresentation.

1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

1 Answer | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 9, 2021

Sounds like a law school class question.

The answer is always depends.

Consult with an attorney.

2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
London Davenport
London Davenport answered on Sep 9, 2021

You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.

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1 Answer | Asked in Trademark for South Dakota on
Q: if the description of mark involves font, the words printed in a different font aren't trademarked correct?
Linda Liang
Linda Liang answered on Sep 8, 2021

You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.

3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 6, 2021

There are some registered, such as Make America Great Again, so you would be violating his registration

You can make variations and parody though

You should consult with an attorney

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1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

1 Answer | Asked in Trademark for Georgia on
Q: How do I trademark my business name?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

2 Answers | Asked in Trademark for New York on
Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?

Is it basically up for grabs?

Linda Liang
Linda Liang answered on Sep 3, 2021

Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.

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1 Answer | Asked in Trademark for California on
Q: Can I trademark a phrase that has similar words with another filed trademark? The only difference is two new letters.

My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Probably, it may be risky. You need a consult to review your options and risks.

2 Answers | Asked in Trademark for California on
Q: How do I go about changing the address on our trademark information?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

You need to consult with an attorney so we can file a petition to update address

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2 Answers | Asked in Trademark for New York on
Q: Can I use US lawyer to oppose a trademark in another country (where my trademark is registered as well)?

I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 26, 2021

It all depends on the rules of the other country.

Most likely it will need to be a locally licensed attorney.

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2 Answers | Asked in Gaming and Trademark for Missouri on
Q: Since "Pikachu" is internationally trademarked by Nintendo; could I use the name "Vampikachu" as my stream/channel name?
Linda Liang
Linda Liang answered on Aug 25, 2021

The standard is whether it is confusingly similar. It depends on the service. If it is gaming, you may have a problem. If it is for industry that is far from that, it should be okay. You should work with an attorney to conduct a thorough research before you start.

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2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

London Davenport
London Davenport answered on Aug 25, 2021

Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you... Read more »

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