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Alabama Trademark Questions & Answers
1 Answer | Asked in Trademark for Alabama on
Q: If someone else trademarked my business name do I have any rights? Incorporated 2017. Trademarked 2019 by this person

Received cease and desist letter via email

Nothing by mail

Allison Higgins
Allison Higgins answered on Nov 3, 2020

Hi there. Unfortunately, there is not a simple yes or no answer to this question. You should definitely reach out to a licensed trademark attorney to help determine the best steps for you to take.

1 Answer | Asked in Trademark for Alabama on
Q: Hello! I purchased a trademark that is now in abandoned status. I would like to know the proper steps to reactivate.

Serial Number 85926113

Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in... 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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1 Answer | Asked in Trademark for Alabama on
Q: Can a brand name be trademarked by someone else if it has been registered as a legal entity in the State of Alabama?

If a brand name has been established but we had not trademarked the name and just recently found out someone else has can we legally no longer use the brand name?

Mark A. Baker
Mark A. Baker answered on Jan 10, 2018

If the other party's use of the name has been trademarked through the USPTO, you may have an uphill battle. Much would depend upon the timing, although if your usage of the name commenced before the other party's use, and you can document this use, then there may be an avenue to proceed.... Read more »

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Trademark for Alabama on
Q: Do I (the producer) own the rights to an artist’s image/likeness/master recordings?

I produced (recorded, mixed, mastered, published, etc) two albums and numerous music videos for an artist. We were a team and were good friends. The artist willingly allowed me to record him, video him, photograph him, etc. and post it all on my website and social media pages many times. No... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman 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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