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California Trademark Questions & Answers
2 Answers | Asked in Intellectual Property and Trademark for California on
Q: Can I open a wine bar and call it Betamax?
Tania Maria Williams
Tania Maria Williams answered on Feb 26, 2020

I don't believe that Sony is in the wine bar industry but I would need to do a comprehensive sarch to be able to say for sure. Also, just because they're not currently in the business of wine bars does not guarantee that they would not still send a cease and desist letter. I would suggest... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: how to I contact trademark owner for licensing on using their trademark?
Darrin A. Auito
Darrin A. Auito answered on Feb 24, 2020

Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.

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1 Answer | Asked in Trademark for California on
Q: Can a business obtain "Face Time Salon" as a Trademark, even though Apple holds the Trademark "Facetime?"

I'm part owner of a sign company, and a customer wants to display her business name - "Face Time Salon". It appears Apple holds the Trademark "Facetime."

Tania Maria Williams
Tania Maria Williams answered on Feb 21, 2020

The uses seem different because Apple clearly isn't in the hair care business but you never know with them :). You do want to be careful as the sign company to not assist in infringing another's mark. Maybe consider having the person sign a release of liability and indemnification for you should... Read more »

1 Answer | Asked in Trademark for California on
Q: What is your cost to renew our AXJ trademark?
Tania Maria Williams
Tania Maria Williams answered on Feb 18, 2020

I charge my clients flat fees so that they can have a predictable cost to protect their brand. Feel free to email me to discuss further because I would need a bit more information to provide you a fair and reasonable price. My email is tania.williams@williamsfirmpa.com.

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can I start a mobile application which gives prizes based on big lotteries' winning numbers? There is no entry fee.

Can I mention the name of the lotteries in my application or is there any way to go around that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 9, 2020

You probably are going to run into a lot of different problems.

I would probably stay away or understand very well the issues.

Just giving prizes can be very problematic.

1 Answer | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: i have a online business i am starting wanting to sell dog accessories and was wondering what trademark code would i use

i am going to sell collars, leashes, treats, clothing, toys, beds, etc and some things like collars/leashes/treats will be homemade

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

The classification codes vary depending on whether the product is a good or service. It would not be possible to truly answer your question without more information as, simply based upon your list, you will likely have multiple classification codes as pet apparel is a separate code from treats,... Read more »

1 Answer | Asked in Trademark for California on
Q: I would like to trademark a phrase I use in my business, a phrase which is also the name of a workshop that I teach.

How do I go about it? I know it hasn't been trademarked yet. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 17, 2020

You can take a shot at it.

You should contact an attorney to help you understand if it will even be acceptable as a trademark.

If it is generic, related to the topic, it will not be accepted. Think of apple for fruits.

You should also have plans for bringing it to market,...
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1 Answer | Asked in Trademark for California on
Q: Is there a trademark on Heritage Palms?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 10, 2020

You should make an appointment with an attorney to order a search and analysis of viability.

It will depend on what you are trying to protect, both the brand and the use.

Best luck.

1 Answer | Asked in Copyright and Trademark for California on
Q: Hello, I'm thinking of creating a blog that revolves around the Tesla brand. For example, bmwblog.com has no affiliation

sadfsdfs

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 25, 2019

Looks like a good idea.

You should do your research on how other fan blogs do it.

You should also be assisted by an attorney along the way to help you avoid potential pitfalls.

best luck

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

2 Answers | Asked in Trademark for California on
Q: Hi, Can I use the words 'Muck boots' in a business name? For example - Women Muck Boots
Robert Philip Cogan
Robert Philip Cogan answered on Nov 26, 2019

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 »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

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 »

Robert Philip Cogan
Robert Philip Cogan answered on Nov 12, 2019

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 »

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2 Answers | Asked in Copyright and Trademark for California on
Q: Can we use the term 'Craigslist' in a title for a tv show concept?
Robert Philip Cogan
Robert Philip Cogan answered on Oct 31, 2019

No.

Actually, all the facts need to be known to see if a legal justification could be supported. However, you could still face signficant legal expense if Craigslist decided to sue you.

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1 Answer | Asked in Trademark for California on
Q: How do you go about appealing oppositions when your lawyer and you no longer speak but they're listed as the attorney?

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 »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

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 »

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 »

2 Answers | 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.

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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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