If use of a trademark would create confusion as to the source of the goods or services (ie. whether the good or service is sold by one company vs another), then it could be considered infringement of the trademark, especially if both trademarks are used in the same or related class/category(s) of...Read more »
My paypal account got suspended, due to a court order below and I never receive any email from the law firm before. Also the claim is strange, I never use or produce any of those company products. As my company is base in Hong Kong how can I defense myself from this law suit?
Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)...Read more »
You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.
A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required...Read more »
You'll need to execute a Trademark Assignment Agreement which effectively assigns the trademark and any goodwill associated with the mark to the new owner. Then that Owner can file an amendment with the USPTO. If you need assistance with any of this feel free to email me at...Read more »
If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar...Read more »
For example, if someone trademarks "Essential Hunting Gear" would the website "Essential Hunting Gear Warehouse" be violating the trademark? Specifically if the verbiage on the website was Essential Hunting Warehouse
If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many...Read more »
Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in...Read more »
Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be...Read more »
I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again
If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.
Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an...Read more »
Has the US Navy trademarked the word “navy” ? Is it possible to use the word ”navy“ (referencing the color) in a business name in combination with other words? It is for a design industry business and in no way related to anything military. I would hate to name my business only to have it... Read more »
Your question awaits a response for a week. There aren't really any admiralty/maritime law issues here, and that may have overshadowed the IP attributes of your straightforward question. There's no guarantee that every question is picked up, but you might have better chances of a response...Read more »
The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.
The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a...Read more »
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