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Trademark Questions & Answers
2 Answers | Asked in Trademark on
Q: Good morning. Is it possible to use a trademark that is already registered? some trademarks have multiple ? thank you

I would like to know how a trademark can be held by many different owners. and if it is possible to add one more with the same name?

thank you

Evelyn Suero
Evelyn Suero answered on Jul 11, 2020

Trademarks generally may be used in different class/categories so long as there is no likelihood of confusion as to the source of the goods or services. For example, one user may register a mark for clothing goods, while another may register the same mark under a different unrelated class such as... Read more »

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1 Answer | Asked in Trademark for Maryland on
Q: How do i renew a trademark registration?
William Scott Goldman
William Scott Goldman answered on Jul 11, 2020

Well, depending on when the mark was registered, it's either a Sec. 8 affidavit, which people often incorrectly refer to as 'renewals' or the combined Sec. 8/Sec. 9. Filing the initial Sec. 8 occurs between the 5th and 6th anniversary from the date of registration, while the Sec.... Read more »

3 Answers | Asked in Trademark for Connecticut on
Q: Is there any chance of of trade marking "plant smarts" when a trade mark already exists for "plant-smart"

Looking for trademark help.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

The ability to register a trademark depends on many factors including whether the mark is merely descriptive, whether there will be a likelihood of confusion between the mark and another registered mark, particularly when the marks are in identical or related class/categories of goods or services,... Read more »

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1 Answer | Asked in Trademark for Tennessee on
Q: What all differences do there have to be to not commit trademark infringement?

Want to trademark a clothing brand.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers... Read more »

3 Answers | Asked in Trademark on
Q: I want to use word ladyboss but add other design register for trademark I was searching but it is taken is bad choose ?
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

While the inclusion of design elements could help distinguish your mark, there still could be a likelihood of confusion and potentially a merely descriptive refusal. So you'll also need to consider the relative strength of the mark based on the goods/services being identified. Commonality is... Read more »

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1 Answer | Asked in Trademark for Pennsylvania on
Q: Can a secondary institution use an animal logo that is trademarked if the text, style, and colors are different?

If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?

Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »

2 Answers | Asked in Trademark for Washington DC on
Q: Can I register the Trademark "No Fear"?

I want to start a hat company and name the company No Fear. Can do I that?

William Scott Goldman
William Scott Goldman answered on Jul 9, 2020

Most likely not as that could be considered a 'famous trademark' with an existing registration. But for a greater level of certainty, you may consider requesting a full trademark search and legal opinion. Please call or email with any further questions.

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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. How do I get this active again
James D. Williams
James D. Williams answered on Jul 9, 2020

Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Hello, what is the process to transfer a trademark ownership? thanks
Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

The process of transferring a trademark is referred to as a trademark assignment.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »

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1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Would it be illegal to take inspiration from something trademarked by its company?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Please provide further clarification as I don't really understand the question...thanks!

2 Answers | Asked in Trademark on
Q: I am self publishing books through Amazon and want to put my trademark on my books. Would Class 41 cover me for that?

The imprint on the book is my name, so I am technically the publisher. But I am only providing this service to myself for my own books. Would "410024 publication of books" cover this situation?

William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, 041 is a service mark class, which usually implies publication of books for others. And then you would need to submit proper specimens in support of such use. So CL 016 may be more applicable in this case. But I'd prefer to see everything before providing a definitive opinion. Feel free... Read more »

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1 Answer | Asked in Trademark for Kansas on
Q: I am creating the new tag line Client Focused. Results Driven. I found a trademark. Can I use it as I have written?
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check... Read more »

2 Answers | Asked in Copyright and Trademark for Alabama on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. What would I do?
Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

You should consult with an attorney to determine whether you can revive the application or if you have resubmit.

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2 Answers | Asked in Trademark for California on
Q: If a Trademark like “ EGOTAG” exists can the brand be TM if it is “EGO-TAG” ?

Or “EGO-logo-TAG”

Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.

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1 Answer | Asked in Trademark for Indiana on
Q: I want to start a blog and write a book called "Finally Legally Blonde." Legally Blonde is trademarked--can I use it?

I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?

Evelyn Suero
Evelyn Suero answered on Jul 7, 2020

It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.

2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: if a word Marke is in CANCELLED SEC. 8 (6-YR) Can one apply Word Mark trademark?

I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... Read more »

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1 Answer | Asked in Contracts and Trademark on
Q: Sir, I neee help with few of questions regarding Trademark Law..
Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

It is best to consult with a trademark attorney with specific questions on trademarks.

2 Answers | Asked in Trademark on
Q: If a person is proprietor of a Trademark "7" used for chocolates.

And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The second registration would likely be refused by the USPTO on the basis of likelihood of confusion with the previously registered trademark since a consumer could be confused as to the source of the goods they are purchasing.

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2 Answers | Asked in Trademark for California on
Q: Hi I am in California and I am trying to get a trademark. I heard it's been dead since 2012, what do I do?

I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the... Read more »

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