Your current state is Virginia
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
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 »
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 »
Looking for trademark help.
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 »
Want to trademark a clothing brand.
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 »
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 »
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?
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 »
I want to start a hat company and name the company No Fear. Can do I that?
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.
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 »
The process of transferring a trademark is referred to as a trademark assignment.
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 »
Please provide further clarification as I don't really understand the question...thanks!
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?
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 »
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 »
You should consult with an attorney to determine whether you can revive the application or if you have resubmit.
Or “EGO-logo-TAG”
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.
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?
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.
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?
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 »
It is best to consult with a trademark attorney with specific questions on trademarks.
And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?
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.
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?
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
