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 »
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 »
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 »
My lawyer who originally filed the Trademark for my company and I no longer communicates. We recently just received a notice of trademark opposition and we need to appeal it, however, I don't think our lawyer will help us out with this. Is he legally obligated to fight the opposition if he is... Read more »
You may have signed a retainer or engagement agreement with your lawyer while taking the help for trademark registration purposes. That engagement agreement will explain in detail about the agreement termination. Usually lawyers get an engagement agreement only for a particular purpose. If that...Read more »
a tow company in diamond springs named extreme towing. They are saying they have a service/trade mark on extreme and towing and they want me to change my company name. If this is the case no one can use extreme for the first name of there towing business. Also I don't think anyone can trade mark... Read more »
Sometimes names can coexist and sometimes they can't. The remarks you make about "extreme" and "towing" in trademarks make sense. However, those remarks do not address the legal issues. A good place to start is figuring out what exactly their trademark covers and why they think that their rights...Read more »
Filing a trademark registration application requires actual use of the mark on goods or service OR a sincere intent to use the mark in the foreseeable future. It is a good idea to consult an attorney to see if "taking over" the trademark will meet your business objectives.
Ideally, you should conceive your company name and related logo or design in the planning stages of your business or venture, before you have invested too much capital in the idea. If you've done that, you can consult with a trademark attorney as to the registrability of the proposed mark, possible...Read more »
Maybe. The criterion is likelihood of confusion as to the source of the goods. Whether or not the goods differ is only part of the puzzle. A simple example would be GOOGLE drain cleaner. Difference in the goods would likely not be important.
You can file but it is best to evaluate your position first. Sometimes similar trademarks can coexist. Sometimes they can't. Without a review, the fact that there is a non-final action is not informative. Some non-final actions are easily overcome.
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.
Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.
The company is threatening action if I don't release the domain to them. Is the company able to take me to court over this? Note that I am not using the domain for commercial purposes but I do use it for blogging and email.
Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.
If you add the logo or something else, the mark being considered is no longer the...Read more »
What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually get better...Read more »
The Idea would be to sell functioning wireless earbuds for cheap with my own brand and wording without any reference to Apple or their specific product (Airpods). Would there be any legal problems I could get into if I was sell these wireless earbuds on Amazon?
When considering an application for trademark registration, it is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO...Read more »
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