Trademark Questions & Answers

Q: If I register an official trademark, how long does that last for?

1 Answer | Asked in Trademark for Idaho on
Answered on Dec 11, 2017

Trademarks last forever, assuming they meet all necessary criteria.
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Q: What happened if I am using a dead trademark? Can the previous trademark owner claim any right to a dead trademark?

1 Answer | Asked in Trademark on
Answered on Dec 6, 2017

The rights to any particular trademark do not actually arise from registration, but from actual use of the mark in commerce in conjunction with the sale or offering of goods and/or services. As such, it is possible to hold valid rights to a trademark without ever registering the mark, or without maintaining a registration. Registration is extremely important, as it enhances the rights that come with the trademark and allows the holder to enforce the mark, but it's not mandatory.

So,...
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Q: We are an mobile app developers and are wondering if it is possible to protect our app's technology with a patent. How?

1 Answer | Asked in Copyright, Trademark and Patents on
Answered on Dec 5, 2017

While patents for apps and software have been harder to obtain lately, a patent is still the best avenue to protect your work for this technology.

I would say that phone application are patentable when they are:

(a) geared to something more than an abstract idea, essentially tied to machines or concrete concepts;

(b) include points of novelty not covered by other apps; and

(c) those points of novelty would not have been obvious to someone in that field....
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Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Answered on Dec 4, 2017

Unless the artist agreed to convey to you the property you don't own it. You might try to enforce some contract by course of dealing, or attempt to show that he gave the work away, but you are going to learn a lesson in doing things without an agreement in place.
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Q: How can a abondoned trademark be acquired? Is there a simple transaction process?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Dec 2, 2017

Although it might seem like an abandoned trademark is fully available for you to have, it may not be. Sometimes a trademark becomes abandoned because the owner forgot to file one document. It is possible to revive an abandoned trademark if the owner pays a fee and files the right document within the time required by law.

The other thing to consider is that rights to trademarks in the United States are obtained by using the trademark in commerce. So, the first to USE it has rights over...
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Q: Can a trademark ever go inactive? If so, how many years would that take?

2 Answers | Asked in Trademark for Florida on
Answered on Dec 1, 2017

"... As a trademark must be used to maintain rights in relation to that mark, a trademark can be 'abandoned' or its registration can be cancelled or revoked if the mark is not continuously used. ... "

https://en.wikipedia.org/wiki/Trademark#Comparison_with_patents.2C_designs_and_copyright
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Q: If a trademark says "ya filthy animal", can I use "you filthy animal"?

1 Answer | Asked in Trademark for Mississippi on
Answered on Dec 1, 2017

The question when comparing an existing trademark to a potentially infringing one is always this: is there a reasonable likelihood of confusion? So, if a consumer sees one mark, is it reasonably likely that they might believe it to come from the owner of the other mark? As part of this analysis, before comparing two marks, you always 1) correct any misspellings, contractions, abbreviations, etc.; and 2) translate foreign words into English. Here, the "ya" is just an intentional misspelling...
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Q: What is a letter of suspension? I want a trademark that is active but is not being used, how can I get it?

1 Answer | Asked in Trademark for Texas on
Answered on Nov 29, 2017

Do you have any proof that it is not being used? Are you using the trademark or a similar mark now? If so, you may be able to have the trademark registration cancelled. I recommend speaking with a trademark attorney.
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Q: Trying to federally trademark my brewery name, Montana Brewing. Would I be rejected due to trademarks on other names...

1 Answer | Asked in Trademark for Montana on
Answered on Nov 29, 2017

Given the industry is the same and the similarity of the names, there is a fair chance it could be rejected. However, a trademark attorney would need to review each registration and know more about each business to give a definitive answer. The type of registration also matters, eg. is it a standard character mark or stylized design. I recommend consulting a trademark attorney.
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Q: A company is trademarking a logo design that I designed for them, but they have not yet paid for it. What can be done?

1 Answer | Asked in Copyright and Trademark on
Answered on Nov 27, 2017

What does your written design agreement say? What about other written communications between you and the client?

You won't be able to get an accurate answer without more information. Consult with an attorney in your state.
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Q: If a business closes that has a trademark logo can anyone apply for it?

1 Answer | Asked in Business Law, Copyright and Trademark for Texas on
Answered on Nov 24, 2017

The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.
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Q: How can I tell if a trademark is protected in Both the U.S. and Canada

1 Answer | Asked in Trademark for Texas on
Answered on Nov 20, 2017

To have a confident answer, you need to commission a trademark search. A trademark attorney can coordinate the search an analyze the results. Although, you can search the national trademark database in each country for a general answer.
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Q: The law of the Wall of Shame is it legal if you have not been prosecuted or even the law called on you for stealing some

1 Answer | Asked in Criminal Law and Trademark for Indiana on
Answered on Nov 20, 2017

Not entirely clear on what you are asking, please provide more detail.
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Q: I want to file a trademark for a new ministry, I need to know the cost

1 Answer | Asked in Copyright and Trademark for Tennessee on
Answered on Nov 17, 2017

Filing a trademark application is easy and inexpensive. Expect a $275 fee to the government and a small amount of professional time to prepare the application. The more expensive and complicated part of the trademark application process is responding to the government attorney's legal arguments about your proposed trademark and analyzing potentially conflicting trademarks. An attorney would need to review your proposed trademark to estimate the cost to prosecute the application. Generally, I...
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Q: I am building an application. I would like to protect the logo and name of the application. I was going to trademark.

1 Answer | Asked in Copyright and Trademark for Texas on
Answered on Nov 17, 2017

Typically, a name and a logo are filed as two separate trademarks. A trademark can be any indicator, such as a sound, shape, design, or even a color. If you are not selling anything, you can only complete part of the process now by filing an intent to use application. If such an application is allowed, you then must submit proof of your use within a certain amount of time. If not, the trademark will be cancelled. I recommend speaking with a trademark attorney in Texas, many of which offer...
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Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 17, 2017

You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior use. I would speak with a trademark attorney to see what your options are.
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Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

1 Answer | Asked in Trademark for South Dakota on
Answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.
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Q: How long is a registered trademark good for?

1 Answer | Asked in Trademark for Texas on
Answered on Nov 16, 2017

There are really two answers to this question (if we limit the discussion ONLY to federally registered marks, not ones registered with any state agency). First, there is the term of the trademark rights themselves, and then there is the term of the registration. The two are different. The rights to any particular trademark arise from the date of first use of the mark in commerce, and continue for as long as the holder continues to use the mark in commerce without abandoning it, or until such...
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Q: What does this mean in regards to a trademark: Status - Abandoned-Failure To Respond Or Late Response

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Answered on Nov 16, 2017

IF you are talking about a federal registration with the USPTO, then an indication of abandonment for failure to respond usually means that an office action was issued and not responded to during the time for response. An office action is correspondence from the PTO raising a problem of some sort with the application. Usually, you have six months to respond to the office action to address the problems, though the response deadline can be cut down dramatically in some cases. Some problems are...
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Q: I'm considering developing an app that will use pictures and voice clips of celebrities. Am I in danger of being sued?

1 Answer | Asked in Copyright, Entertainment / Sports, Internet Law and Trademark for California on
Answered on Nov 16, 2017

If you choose the correct celebrity you can expect to be sued. California gives celebrities a "right of privacy." The law generally does not allow violation of rights just because the violator not want the "hassle" of obeying the rules.
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