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California Trademark Questions & Answers
1 Answer | Asked in Trademark for California on
Q: I own a towing company named Extreme Performance Towing and transport in Sacramento. Well today I received a letter from

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 »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 10, 2019

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 »

1 Answer | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
Robert Philip Cogan
Robert Philip Cogan answered on Oct 5, 2019

All the information you seek will likely be found at www.USPTO.gov.

2 Answers | Asked in Trademark for California on
Q: I, Edwin see a phrase on a website and I would like to put a Trademark. Can I just Register the Trademark?

Trademark/Phrase not Registered and would like to take over?

Robert Philip Cogan
Robert Philip Cogan answered on Oct 4, 2019

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.

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1 Answer | Asked in Trademark for California on
Q: if a company trademarks its name in a diff industry, can i still file for like name? Sweet Salt (them) vs Sweet Salt SF

they are in the food and bev industry, i am in canine care services and leash/collar making & sales

Robert Philip Cogan
Robert Philip Cogan answered on Oct 2, 2019

Maybe, maybe not. That's why trademark law is often a two or three semester-hour course in law school and why trademark lawyers read law journals and pursue continuing legal education.

There are many facts that need to be looked at beyond the broad categories of goods and services. None of...
Read more »

2 Answers | Asked in Trademark for California on
Q: When should you get your brand and or logo trademark?
John Martin Hilla
John Martin Hilla answered on Sep 30, 2019

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 »

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2 Answers | Asked in Trademark for California on
Q: Can I still trademark a name that is already live if the goods and services I offer are different?
Robert Philip Cogan
Robert Philip Cogan answered on Sep 25, 2019

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.

It would be prudent to consult an attorney.

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1 Answer | Asked in Trademark for California on
Q: I need to file a trademark under 032 and it looks like there is a Non-FInal Action - Mailed status. Is it too late forme

I need to know if i can apply for a trademark if there is already a Non-Final action for the entity that is currently pursuing it.

Robert Philip Cogan
Robert Philip Cogan answered on Sep 24, 2019

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Graphic illustration for t-shirt.

Hello,

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.

So I'd like... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 23, 2019

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.

I do not know...
Read more »

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: A company that applied for a trademark in Aug 2019 is trying to claim a trademark for a domain I have owned since 2002.

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.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

are you using the domain?

if you have a legitimate use, you can win a dispute over it.

obviously if they have the money, they can make your life very difficult.

Consult with an attorney so you can explore your options.

1 Answer | Asked in Trademark for California on
Q: My Trademark has been denied because the name of our Company is "descriptive of the product we are selling".

If I add our logo will the trademark then be approved or do I need to add something to the name itself?

Robert Philip Cogan
Robert Philip Cogan answered on Aug 16, 2019

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...
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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
Read more »

1 Answer | Asked in Copyright and Trademark for California on
Q: When if I had a brand name, and someone else is using it now. I can prove it.

I also had the same brand name for pod cast

Robert Philip Cogan
Robert Philip Cogan answered on Jul 18, 2019

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 »

1 Answer | Asked in Trademark for California on
Q: I have a trademark under an LLC that was closed 6 years ago, trademark is still valid.

What is easiest way to get tradmark back?

John Martin Hilla
John Martin Hilla answered on Jul 2, 2019

The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce.

Depending on the situation, the trademark may be assignable to you

You should consult a trademark...
Read more »

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Is it legal to sell wireless earbuds that look like Airpods but have a different brand and no reference to Apple at all?

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?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2019

I will defer to trademark attorneys on possible issues under trade dress.

However, if Apple has a design patent on the ornamental appearance of these earbuds, then you may be subject to suit for patent infringement.

For an introduction to patent searching --...
Read more »

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1 Answer | Asked in Trademark for California on
Q: Can I trademark or use the word “Screendosist”, even tho the word “dosist” Is already trademarked?

“Screendosist” would be used for a potencial YouTube Channel and merchandise.

John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

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 »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I go about owning the trademark for "Girl Gang"? It seems to stand as abandoned. Thank you.

I want to trademark "Girl Gang" for a women's sports apparel company, I'm looking to start. It seems to stand as abandoned. What does that mean? Thank you.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jun 10, 2019

You should apply for a trademark application.

1 Answer | Asked in Trademark for California on
Q: Im from Sth.America. How long'd take for me and exactly or approximately how much money to trademark?PleaseTellMeDetails

I want to trademark a name for my brand (that's also for me) using a pseudonim, Could I buy something online since I had done first step on the process (the filling) with my pseudonim-brand name? If not, when could I?. Why the USPTO could not accept my submition? and would it mean I could lose time... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 30, 2019

You should open a business and file the application using the business name. The business would own any trademark that issues.

2 Answers | Asked in Trademark for California on
Q: is it possible I can obtain a trademark which status is dead ? what should I do to obtain it ,thanks
Griffin Klema
Griffin Klema answered on Apr 24, 2019

Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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2 Answers | Asked in Trademark for California on
Q: How exact does the wording in a word mark trademark have to be for infringement in the same class? Synonyms?

I had an idea for t shirts arranged around a certain slogan phrase under my brand name and logo. But I found the slogan phrase I wanted to use is trademarked for T-shirts. However, a somewhat different phrase using near synonym and past tense would still work for me. How exact does the phrase have... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 21, 2019

Trademark infringement occurs when a consumer is likely to be confused as to the origin of a product such that they assume the product comes from the trademark owner. The standard is a likelihood of confusion. The trademark owner would have a pretty good chance of blocking any synonymous phrases... Read more »

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2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: can I use companies trademarked logos on another brand listing that makes money?

this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.

Thomas A. Grossman
Thomas A. Grossman answered on Feb 18, 2019

Only if you want to risk being sued by the other companies for Trademark Infringement.

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