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Trademark Questions & Answers
Q: Netflix has stolen my registered trademark. How can I afford to take them to court?
T. J. Jesky's answer
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...
Q: How do I deal with a Trademark infringement accusation ?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Missouri
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?
1 Answer
| Asked
in
Copyright, Business Formation and Trademark
for
North Carolina
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Will Blackton's answer
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.
Will the trademark...
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.
Will the trademark...
Q: How Can I change the name that is on my trademark
T. J. Jesky's answer
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?
T. J. Jesky's answer
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following...
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following...
Q: I have a company (South Africa) with a name similar to that of a trademark in the US. Will this be a problem for me?
1 Answer
| Asked
in
Business Formation, Intellectual Property and Trademark
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Peter D. Mlynek's answer
If you are operating only in South Africa, then you need to worry about South African trademarks and not the US.
If you are going to be expanding into the US, then you should worry about the US trademarks, and you will need to consult with a US trademark attorney.
If you are operating only in South Africa, then you need to worry about South African trademarks and not the US.
If you are going to be expanding into the US, then you should worry about the US trademarks, and you will need to consult with a US trademark attorney.
Q: How much does it cost to trademark a logo or name or phrase?
Jason Brooks' answer
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks
1 Answer
| Asked
in
Business Formation, Business Law and Trademark
for
Pennsylvania
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Cary B. Hall's answer
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.
Robert J. Duminiak, Esq.
Howson & Howson, LLP
Bldg. 620, Suite 210
350 Sentry Parkway
Blue Bell, PA 19422
Phone: 215-540-9200
Fax: 215-540-5818
Email: rduminiak@howsoniplaw.com
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.
Robert J. Duminiak, Esq.
Howson & Howson, LLP
Bldg. 620, Suite 210
350 Sentry Parkway
Blue Bell, PA 19422
Phone: 215-540-9200
Fax: 215-540-5818
Email: rduminiak@howsoniplaw.com
Q: Can an ex-felon get a notary commission in the state of Arizona? Felonys were non-violent and not fraud related(2009).
Peter D. Mlynek's answer
No. Not unless restored to civil rights. See, A.R.S. 41-312 E 4
https://www.azleg.gov/ars/41/00312.htm
(I am not an Arizona Attorney, so there may be more to this. For a more complete answer, see a qualified Arizona attorney).
No. Not unless restored to civil rights. See, A.R.S. 41-312 E 4
https://www.azleg.gov/ars/41/00312.htm
(I am not an Arizona Attorney, so there may be more to this. For a more complete answer, see a qualified Arizona attorney).
Q: Do I need a lawyer to trademark my business and logo?
Jason Brooks' answer
A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an attorney in this regard, I'm happy to help. Email me anytime at: jason@altviewlawgroup.com
A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an attorney in this regard, I'm happy to help. Email me anytime at: jason@altviewlawgroup.com
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?
T. J. Jesky's answer
I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.
This means that Hasbro does l not have trademark protection during this pending period. If they started using the trademark, and another business decides to copy it, or has accidently chosen the same name, logo or other business mark, there will be little they can do to stop the other party while the...
I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.
This means that Hasbro does l not have trademark protection during this pending period. If they started using the trademark, and another business decides to copy it, or has accidently chosen the same name, logo or other business mark, there will be little they can do to stop the other party while the...
Q: What does abandonment-no statement of use filed
T. J. Jesky's answer
The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore and it is free for anyone else to register the mark.
The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore and it is free for anyone else to register the mark.
Q: Can I trademark a made up word (industry+preneur) if others are using it currently but have no trademark?
Peter D. Mlynek's answer
Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.
Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.
Q: I would like to trademark and copywrite my patches how do I do that
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
New York
on
Answered on Sep 4, 2018
Answered on Sep 4, 2018
Peter D. Mlynek's answer
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.
If you are talking about embroidered patches designed to be applied to clothing, then you may be able to trademark these. You should be careful that your patches do not infringe on patches of other people, entities,...
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.
If you are talking about embroidered patches designed to be applied to clothing, then you may be able to trademark these. You should be careful that your patches do not infringe on patches of other people, entities,...
Q: How to apply a trademark for AirTrackMats.com?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
California
on
Answered on Sep 1, 2018
Answered on Sep 1, 2018
Peter D. Mlynek's answer
If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.
If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.
If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.
If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.
Q: How do I go about getting trademark for a motorcycle riding club?
Peter D. Mlynek's answer
You would do it exactly the same way like with any other trademark: you can file it yourself, or you can hire a trademark lawyer to do for you.
But two points that you need to be aware of:
(1) There are a number of MCs out there, and their marks and logos are often similar to each other, leading to confusion. Unless you have some unique club name or design, it may not be straightforward as with other marks.
(2) You also need to be aware of the trademarks owned by...
You would do it exactly the same way like with any other trademark: you can file it yourself, or you can hire a trademark lawyer to do for you.
But two points that you need to be aware of:
(1) There are a number of MCs out there, and their marks and logos are often similar to each other, leading to confusion. Unless you have some unique club name or design, it may not be straightforward as with other marks.
(2) You also need to be aware of the trademarks owned by...
Q: Does it violate the copyright if I sell my own solution in an ecommerce platform? The Unofficial title is on the cover
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
California
on
Answered on Aug 30, 2018
Answered on Aug 30, 2018
Peter D. Mlynek's answer
If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.
If you write a code that solves a technical problem in a different way, and the interface is not similar then there likely won't be problems with copyrights. If it solves it in a sufficiently different way, then there should not be a problem with patents either. And if you won't refer to...
If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.
If you write a code that solves a technical problem in a different way, and the interface is not similar then there likely won't be problems with copyrights. If it solves it in a sufficiently different way, then there should not be a problem with patents either. And if you won't refer to...
Q: Our church (based in louisiana) has the exact same logo of another church in Florida, with no differences. Is this bad?
Terrence H Thorgaard's answer
It may depend upon whether they have registered the trademark at the U.S. Patent and Trademark Office.
It may depend upon whether they have registered the trademark at the U.S. Patent and Trademark Office.
Q: Hi, Could you tell me whether or not I can use the trademark “Date Bar”?
Nyasha A. West's answer
When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type of business, such as maybe an on line dating site, you should be fine.
When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type of business, such as maybe an on line dating site, you should be fine.
Q: Clothing brand, class 025: (example name!) if " GREEN APPLE" is trademarked, could I trademark "GreenApple World"?
1 Answer
| Asked
in
Identity Theft, Intellectual Property and Trademark
for
California
on
Answered on Aug 18, 2018
Answered on Aug 18, 2018
Peter D. Mlynek's answer
Yes, you may be able to fight the registration if you were using your name before they did.
You should talk to a trademark attorney on what steps you need to take to preserve your rights, and possibly invalidate the other person's trademark registration.
Yes, you may be able to fight the registration if you were using your name before they did.
You should talk to a trademark attorney on what steps you need to take to preserve your rights, and possibly invalidate the other person's trademark registration.
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