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Trademark Questions & Answers
2 Answers | Asked in Family Law and Trademark for Georgia on
Q: Fathers legal rights were taken away do I still need to have consent to change my daughter's last name?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to have my... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 11, 2019

We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

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1 Answer | Asked in Trademark for New York on
Q: Hi, My name is Vasyl and I’m looking to register Business name and Logos on trademark. I would really use some help.
Jason Brooks
Jason Brooks answered on Dec 8, 2019

Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Trademark on
Q: We apply our trademarks for almost 20 months, it is still pending, the newest status: 661, what we could do to speed up

Status: 661 - Response After Non-Final Action - Entered

Party NameJi Dongfan

Serial Number87885874

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2019

Looks like you are being refused because your mark is very similar to another one already registered.

Your best and cheapest option is to choose another mark.

Contact me if you need anything.

www.legalbizglobal.com

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to prevent... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Trademark for Georgia on
Q: How do I get the trademark TBO farms active again

My girlfriends uncle is the one who tried to set it up and he isn’t very good with technology and now I’m up at the farm working and need to get this figured out

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 6, 2019

you should work with an attorney to make sure you can get the mark.

if it has been while since it expired, most likely you need to file again, start from zero. and hope nobody took it from you.

are you in georgia?

www.legalbizglobal.com

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: If my wife has a medical drawing that she wants to sell and protect her rights to the drawing what is the process?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... Read more »

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Leonard R. Boyer
Leonard R. Boyer answered on Nov 27, 2019

If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.

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1 Answer | Asked in Trademark and Copyright for North Carolina on
Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

Jason Brooks
Jason Brooks answered on Nov 26, 2019

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word printed on the...
Read more »

2 Answers | Asked in Trademark for California on
Q: Hi, Can I use the words 'Muck boots' in a business name? For example - Women Muck Boots
Robert Philip Cogan
Robert Philip Cogan answered on Nov 26, 2019

The general criterion for deciding if a name should be used is whether the use will cause a likelihood of confusion in the marketplace as to the source of the goods. The conflicting mark need not be the same as the new mark. A search would have to be done and an attorney would have to interpret the... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd be happy to do... Read more »

1 Answer | Asked in Trademark for Puerto Rico on
Q: Can I trademark my DJ/music producer name as intent to use.

Im getting started in the music industry as a dj and I figured out a name that was available in all social media and the .com Can I trademark it?

Jason Brooks
Jason Brooks answered on Nov 19, 2019

Yes - if you are not actually performing under that name yet a good practice is to file on an "Intent to Use" basis, until such time as you are actually using the name. If you can show that you are actually performing under the name now, you can skip the Intent part, and go right to registration... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 12, 2019

In the absence of careful legal planning, this book could run into a number of legal problems. A disclaimer is a good way to avoid presenting a misleading picture. However, disclaimers and attributions in bibliographies do not avoid copyright problems. There are issues of derivative works and fair... Read more »

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1 Answer | Asked in Trademark for Tennessee on
Q: How do I go by responding to a abandoned trademark
Jason Brooks
Jason Brooks answered on Nov 7, 2019

A trademark application or registration can be considered abandoned for a number of reasons, but there are actions you can take to reverse it.

If you or someone else has applied for a trademark, but for some reason did not continue the process after receiving an Office Action or Notice of...
Read more »

2 Answers | Asked in Copyright and Trademark for California on
Q: Can we use the term 'Craigslist' in a title for a tv show concept?
Robert Philip Cogan
Robert Philip Cogan answered on Oct 31, 2019

No.

Actually, all the facts need to be known to see if a legal justification could be supported. However, you could still face signficant legal expense if Craigslist decided to sue you.

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1 Answer | Asked in Trademark on
Q: can i sell a brand name which there was a trademark name which was abandoned ( status 605 ) regards

the trademark had previously been field approved but abandoned. I have been selling unaware of this trademark

Bharath Konda
Bharath Konda answered on Oct 29, 2019

Trademark abandonment only deals with USPTO federal trademark database. Depending on each individual trademark abandonment case, and the nature of the abandonment such as failure to respond, renew, or any unforeseen circumstance etc may impact rights. There may be some rights left over depending on... Read more »

2 Answers | Asked in Trademark for Kansas on
Q: Can you sell something trademarked in a different good and service listed?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

It happens all the time

you need to do a serious analysis to make sure you are not stepping on anybody's rights

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

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1 Answer | Asked in Trademark for South Carolina on
Q: If a person has a trademark on a phrase.. can nay part of the be used by another if things are added or omitted?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

depends on how much the message of the phrase changes.

keep exploring

www.legalbizglobal.com

marcos.e.garciaacosta@gmail.com

1 Answer | Asked in Trademark for North Carolina on
Q: If a trademark has been abandoned since 2016, does that mean that I can purchase it?

I am interested in a trademark and it has been marked "abandoned-failure to respond". Does that mean that it's available for purchase by someone else?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

You are confusing the process. You can buy a brand or trademark from somebody who has rights over it.

If an application or trademark expired or were abandoned, you can file for it.

However depending on what the brand is, the trademark may have some value or owner, if it has been...
Read more »

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