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Trademark Questions & Answers
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.
Q: I'm a war/vintage style artist and I was wondering how can I legally use aircrafts and vehicles in all my prints?
Peter Munsing's answer
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
Q: How can I get help processing my Trademark through?
Benton R Patterson III's answer
You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.
You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.
Q: Would making "Bigger Baller Brand" shirts break any trademark laws?
Jason Brooks' answer
A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And Another One” in any stream of commerce in which “And One” is already registered.
A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And Another One” in any stream of commerce in which “And One” is already registered.
Q: Asking about trademark information. Don't know how to read a TESS. Know the process is involved. Need help. Thank you.
Benton R Patterson III's answer
I agree that it is a good idea to make sure the application is completed correctly the first time.
Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.
I agree that it is a good idea to make sure the application is completed correctly the first time.
Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.
Q: Can safely I register a domain name that sells advice on a major ecommerce platform ex:"NewEggQuestionsAnsweredHere.com
Andrew Zulieve Esq's answer
Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I typically urge a client to reconsider that approach. In any event, before you decide one way or another, you should discuss it with an experience attorney in that area of law.
Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I typically urge a client to reconsider that approach. In any event, before you decide one way or another, you should discuss it with an experience attorney in that area of law.
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.
2 Answers
| Asked
in
Copyright, Intellectual Property and Trademark
for
Michigan
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
John Espinosa's answer
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Q: How can I prevent a politician from using my child's photos for political endorsement and promos?
2 Answers
| Asked
in
Copyright, Libel & Slander, Patents and Trademark
for
Georgia
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
Jason Brooks' answer
Sounds like you need to the help of an attorney to send a formal cease and desist letter. Beyond that, your only recourse is to file a lawsuit for Misappropriation of Likeness.
Sounds like you need to the help of an attorney to send a formal cease and desist letter. Beyond that, your only recourse is to file a lawsuit for Misappropriation of Likeness.
Q: how do I know if an image/logo is trademarked?
Jason Brooks' answer
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With that said, an experienced attorney can help perform these services and get your mark registered. If you'd like additional info, you can email me at: Jason@altviewlawgroup.com for help.
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With that said, an experienced attorney can help perform these services and get your mark registered. If you'd like additional info, you can email me at: Jason@altviewlawgroup.com for help.
Q: Would this situation be considered trademark infringement? Details provided. Thank you!
Benton R Patterson III's answer
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.
Q: I'm selling on amazon. But my registration status is 686 - Published For Opposition. How can I report other sellers?
Benton R Patterson III's answer
A trademark that is published for opposition has not been registered yet. If no one opposes your mark during the opposition period, it will be issued.
A trademark that is published for opposition has not been registered yet. If no one opposes your mark during the opposition period, it will be issued.
Q: We plan to create the Youtube Channel and register Trademark for the Name
Benton R Patterson III's answer
Unfortunately, this doesn't have an easy answer. Searching for and evaluating conflicting trademarks is a large part of any trademark attorney's practice. You will need to consult with a trademark attorney. I would also recommend using a lawyer to help select what aspects of your branding can be protected by trademark law. There may be other aspects of your channel and/or videos that can be trademarked, such as intro segments or catch phrases.
Unfortunately, this doesn't have an easy answer. Searching for and evaluating conflicting trademarks is a large part of any trademark attorney's practice. You will need to consult with a trademark attorney. I would also recommend using a lawyer to help select what aspects of your branding can be protected by trademark law. There may be other aspects of your channel and/or videos that can be trademarked, such as intro segments or catch phrases.
Q: How should I legally start structuring a record label business, register trademark and copyright?
1 Answer
| Asked
in
Copyright, Trademark and Business Formation
for
Texas
on
Answered on Jun 1, 2018
Answered on Jun 1, 2018
John Espinosa's answer
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile
Read that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile
Read that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us
Jason Brooks' answer
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
You don't need to indicate a copyright notice under each poem, unless the works are actually registered for copyright -- doing so doesn't actually create the copyright, since the copyright is essentially created the minute you write the story/poem....
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
You don't need to indicate a copyright notice under each poem, unless the works are actually registered for copyright -- doing so doesn't actually create the copyright, since the copyright is essentially created the minute you write the story/poem....
Q: Incorporation in Delaware: trademark exists for company name but in different sector
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.
The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.
The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa's answer
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
Q: Can I submit my trademark just as a name for now for use in the future?
Benton R Patterson III's answer
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You should speak with a trademark attorney on the best way to proceed.
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You should speak with a trademark attorney on the best way to proceed.
Q: Hi, I have a question regarding trademark violations.
Benton R Patterson III's answer
An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using common language, even if that common language is incorporated into a trademark. Although it may be possible that you have a case. A trademark attorney would need to review your registration and the specific...
An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using common language, even if that common language is incorporated into a trademark. Although it may be possible that you have a case. A trademark attorney would need to review your registration and the specific...
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