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Trademark Questions & Answers

1 Answer | Asked in Trademark for California on

Q: Can I trademark or use the word “Screendosist”, even tho the word “dosist” Is already trademarked?

“Screendosist” would be used for a potencial YouTube Channel and merchandise.

John Martin Hilla answered on Jun 17, 2019

When considering an application for trademark registration, it is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Washington on

Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?

John Martin Hilla answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the application.... Read more »

1 Answer | Asked in Trademark for Texas on

Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?

John Martin Hilla answered on Jun 17, 2019

It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English...
Read more »

1 Answer | Asked in Copyright and Trademark on

Q: hey! i have a phrase that i think will go well on baby shirt, can i trademark it? and if yes, what is the process?

i m not american citizen, but i would like to sell on us market such as amazon ebay ect...

Ahaji Kirk Amos answered on Jun 17, 2019

No. Trademarks are not for designs. They are indicias of the source. You'd find the trademark for a t-shirt on the inside of a collar or the end of a sleeve on a polo type shirt.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on

Q: Hi if a search returns no matching records even though it may contain some same words can I register that name?

For instance, Trademarked already is Easy Find Directory.

I am wanting to operate under Easy Find Business Directory, Tucson

Ahaji Kirk Amos answered on Jun 14, 2019

No. Trademark availability is not associated with trademark registration. You should have a trademark attorney conduct a proper trademark search.

1 Answer | Asked in Gaming and Trademark for Texas on

Q: I made esports org called alleliteclan was wondering if I could use it if there’s a company called allelitewrestling

I want to know if I could use it that wrestling company trademarked allelitewrestling but I’m using AllEliteClan

Ahaji Kirk Amos answered on Jun 14, 2019

Maybe. You will need a trademarkability opinion.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on

Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos answered on Jun 10, 2019

You should apply for a trademark application.

1 Answer | Asked in Trademark for Vermont on

Q: If a company (in a similar industry) has a product name that's not trademarked, can I use that name as my business name?

Ahaji Kirk Amos answered on Jun 10, 2019

No. Trademark rights are based upon use, not registration.

1 Answer | Asked in Trademark on

Q: I want the adress of company that has a trademark. It says i need an account but i am not a lawyer. What now?

Ahaji Kirk Amos answered on Jun 8, 2019

You can search for the trademark on www.uspto.gov. The owner's information will be listed. The search and site are public.

1 Answer | Asked in Trademark for Wyoming on

Q: Hello, I would like to create a new brand called "Fancy Nomad" and found a TESS record with status 602 can I use it?

Ahaji Kirk Amos answered on Jun 8, 2019

Whether you may legally use it is not related to its registration status. You should consult a trademark attorney. You may schedule a free call on my website. ahajiamos.com

1 Answer | Asked in Business Formation, Copyright and Trademark on

Q: Is DRIVERS2U a registered trademark as DRIVERS2U is the name of my UK registered company

Edward X. Clinton, Jr answered on Jun 7, 2019

You need to hire a lawyer to do a trademark search. Just because its the name of a company does not give it any trademark protection in the United States. Having the name may give you the right to use the name, but you need to do a trademark search first. Hire an experienced intellectual property... Read more »

1 Answer | Asked in Trademark for California on

Q: Im from Sth.America. How long'd take for me and exactly or approximately how much money to trademark?PleaseTellMeDetails

I want to trademark a name for my brand (that's also for me) using a pseudonim, Could I buy something online since I had done first step on the process (the filling) with my pseudonim-brand name? If not, when could I?. Why the USPTO could not accept my submition? and would it mean I could lose time... Read more »

Ahaji Kirk Amos answered on May 30, 2019

You should open a business and file the application using the business name. The business would own any trademark that issues.

1 Answer | Asked in Trademark for Florida on

Q: What would be the cost of trademarking a name and a logo?

Evelyn Suero answered on May 30, 2019

Attorneys fees vary, however the application fee{s) begin at $225 per trademark per class/category.

1 Answer | Asked in Trademark for New York on

Q: Hi, is it possible to trademark a business name ? What is meant by status 700 registered?

Ahaji Kirk Amos answered on May 28, 2019

Trademarks indicate to the public the source of a product or service. So, if your business is associated with a product or service then yes. If it's only a business name, no.

1 Answer | Asked in Trademark for New York on

Q: My business uses the same name as one "trademarked" with a status 700 but offers different services. Is it a problem?

We are being challenged by a company that says they have trademarked (status 700) the name we are using as well. We offer different services and the website uses .us not .com. What options do we have?

Ahaji Kirk Amos answered on May 28, 2019

You will need a consultation. click the link to schedule https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on

Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Trademark for Texas on

Q: Can you use a color out of a NBA, NFL, or MBL team color scheme? Not all colors just a single color?

Ahaji Kirk Amos answered on May 28, 2019

It depends. I'd need more information.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on

Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

2 Answers | Asked in Business Law and Trademark for Florida on

Q: Hello, Im a motorcycle businessman Im following a brand serial 75153969, Im interested to acquire this brand.

To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.

Evelyn Suero answered on May 24, 2019

You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For... Read more »

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2 Answers | Asked in Intellectual Property and Trademark on

Q: hi,can i trademark a business idea? suppose i invented the idea of online shopping. so is it possible to patent this?

at least for a few years so other cant enter the business with the idea...

Sean Erin Serraguard answered on May 22, 2019

You can't trademark an idea. Trademarks are for distinguishing the source of goods or services. You can copyright an idea after you've reduced the idea to a "tangible form," such as writing a book or making a video. Copyrights won't protect the idea itself, however. You can patent an idea, unless... Read more »

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