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Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can an item without a logo or symbol be a trademark infringement?

I make ornaments using commercial clear ornaments & books that I buy and cut apart & curl into ribbons to put into the ornament. I do not advertise them by the book name so that I don't risk infringing on anyone's copyright or IP even though the books I use are public domain.... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 4, 2020

"Can a nondescript item be trademarked?" Trade dress is a bit different than its more common cousins, word marks (e.g., "Apple") and stylized (special form) marks (like the Nike "swoosh"), which are usually tagged or stamped on their associated products. Trade dress... Read more »

2 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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3 Answers | Asked in Trademark for New York on
Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

Bill Hulsey
Bill Hulsey answered on Dec 2, 2020

No, but you can file for the same mark, if it is not in use.

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3 Answers | Asked in Copyright and Trademark for Florida on
Q: How can I renew a trademark that expired on July 2020?

Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 1, 2020

A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... Read more »

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2 Answers | Asked in Trademark for California on
Q: How do I remove this trademark from record/display?

Decided to abandon and not utilize trademark for marketing purposes and would like image removed from record or display

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2020

There is a process for doing it. It is called express abandonment.

Contact an attorney for any help on getting this done.

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1 Answer | Asked in Trademark on
Q: Hi, would the use of the word « Glencairns » (plural) in a brand would be against this trademark ?

The brand would mainly be selling luxury cigar ashtrays but in the future could also be selling coasters, custom whisky glasses from the Glencairn glass brand themselves, merchandising, etc .. (always touching to cigars and whisky but never directly producing own whisky glasses)

Allison Higgins
Allison Higgins answered on Nov 30, 2020

Hello. Thanks for the question. Generally, only adding an "s" to an already existing trademark will be considered trademark infringement, especially if the goods or services are similar. Coasters would certainly be considered a similar good, and ashtrays may be as well. You may also run... Read more »

2 Answers | Asked in Trademark on
Q: Hi, i registered company with the Shopify in business name. I want to know is it legit to work.

We provide IT services for clients. We are building Shopify stores and themes.

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 27, 2020

You nay or may not be contacted by them and ask you to stop doing that.

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3 Answers | Asked in Trademark on
Q: hello, i want to file my business name trademark in the US but there is another one company similar to our name.

The trademarked name in Europe of our company is "EKURO" and we also want to start selling in the US. We sell skincare products but there is another one company in the US called EKUROS which they sell Pharmaceutical preparations and substances for the treatment of pain. Is there any... Read more »

Evelyn Suero
Evelyn Suero answered on Nov 26, 2020

Generally, the USPTO may refuse to register a trademark that is identical or very similar to a trademark that is registered in a similar or related class/category of goods or services due to likelihood of confusion. Also, using a confusingly similar mark may lead to claim of infringement. Consult... Read more »

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3 Answers | Asked in Copyright and Trademark for Georgia on
Q: Does a bilingual company name violate copyrights or trademarks of a company name with the same meaning in one language?

For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 24, 2020

Yes

The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.

Consult with an attorney.

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1 Answer | Asked in Trademark for New York on
Q: Hey! Would i be Able to add another pseudo name? I found A company in Pennsylvania trying to use my trademark name.

I would like to send a cease and desist form

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.

1 Answer | Asked in Copyright and Trademark on
Q: If I include word "gucci" in my merch that I want to sell online, is that illegal?
London Davenport
London Davenport answered on Nov 23, 2020

Gucci is a registered trademark in the United States. This means that the trademark owner can bring legal action to prevent others from selling goods and services similar to the ones associated with their trademark under the name Gucci and "infringing" their trademark ownership rights.... Read more »

1 Answer | Asked in Trademark on
Q: I have a US trademark for the name "Green Singles" and a Canadian company is using it "GreenSingles.ca". Can I enforce?

Can I request that they not use that domain name, given that they are not in the US?

Allison Higgins
Allison Higgins answered on Nov 18, 2020

The short answer is probably not. It is extremely rare that a US trademark registration can be enforced in Canada. But it would depend on a few factors. Are you doing any business in Canada? Is their business offering the same goods and services as yours or just using the same name? Is this company... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
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2 Answers | Asked in Trademark on
Q: Can I use the name Cool Home Goods as well as the domain coolhomegoods.com for a commercial site in the USA?

My business is established in Bulgaria.

Evelyn Suero
Evelyn Suero answered on Nov 18, 2020

Businesses usually register their trademarks in any country where they intend to do business. However, the use of a particular trademark depends on many factors including whether such mark would infringe on the trademark rights of another. Consult with a U.S. trademark attorney to assist you with... Read more »

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1 Answer | Asked in Trademark on
Q: Off White wants to cancel my trademark. Can anyone help me with my case. Here it is a short overview of the case.

https://ttabvue.uspto.gov/ttabvue/v?qs=79265232

Anyone interested in this case tell me so i can send you the full pdf i got from uspto.

Allison Higgins
Allison Higgins answered on Nov 13, 2020

Hi there, you will defnitely want to hire an US trademark attorney to help defend your case. The Justia Ask A Lawyer section is for general legal information, not advice regarding a specific case. Thus, you will need to hire an attorney to represent you in this matter.

These matters are...
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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.

Allison Higgins
Allison Higgins answered on Nov 12, 2020

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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1 Answer | Asked in Trademark for Texas on
Q: Is the word Krayola Trademarked
Allison Higgins
Allison Higgins answered on Nov 10, 2020

It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.

You should speak to a trademark attorney about your specific situation.

1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: Which trademark class do I need?

I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »

Julia Lang
Julia Lang answered on Nov 10, 2020

Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark... Read more »

1 Answer | Asked in Intellectual Property and Trademark on
Q: hi, how can i get the licence to sell products with trademarks?
Evelyn Suero
Evelyn Suero answered on Nov 9, 2020

Generally, business owners contact the trademark owners directly to obtain licenses. The name and address of the owner and/or their attorney can usually be found on their trademark registration record on the USPTO website.

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