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California Trademark Questions & Answers
2 Answers | Asked in Copyright and Trademark for California on
Q: Can I use the name “Lakers” on purple t-shirts?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.

Justia Disclaimers below, incorporated herein.

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1 Answer | Asked in Trademark for California on
Q: the name HOOKLESS has been trademarked. Does that mean that you cannot use the word hookless as an adjective???
Evelyn Suero
Evelyn Suero answered on Sep 8, 2020

If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... Read more »

1 Answer | Asked in Trademark for California on
Q: Is there a such thing called common law trademark ?
Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Trademarks which are used prior to registration accrue common law rights against infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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1 Answer | Asked in Trademark for California on
Q: Is an informational app about menu items at a coffee chain allowed to use the trademarked names of drinks sold there?

I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano,... Read more »

Kathryn Perales
Kathryn Perales answered on Aug 24, 2020

Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about... Read more »

1 Answer | Asked in Trademark for California on
Q: Trademark question regarding my brand name, and protecting someone in different goods and services to take it

Lost my job, but have had my company name, & domain for years, (which I have been using). I don't want anyone in these different industries to use my brand name.

However, because the brand name can be used in different goods and services, I just want to get the right advice before... Read more »

Charles Edwin Runyan
Charles Edwin Runyan answered on Aug 20, 2020

The trademark registration application fee is going to be calculated based on the number of different classifications you choose. If you select classifications that don't have the same "numbers", you will be charged one fee for each "number".

The trademark office...
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1 Answer | Asked in Trademark for California on
Q: i need to renew my 6 year trademark for 4495814

trying to do anything required for my dabcity trademark

Evelyn Suero
Evelyn Suero answered on Aug 14, 2020

Generally, trademark owners of registrations must file must file a Declaration of Use and/or Excusable Nonuse between the 5th and 6th years after the registration date. Forms are available on the USPTO website or consult with a trademark attorney to assist you.

1 Answer | Asked in Trademark for California on
Q: I am looking for advise and guidance on a lawsuit.
John B. Hudak
John B. Hudak answered on Jul 25, 2020

Use the Find a Lawyer function in Justia to find a lawyer in the practice area of the lawsuit. Make some calls. And try to find the best attorney who fits your needs. Best of luck.

This answer includes generalizations and there are many caveats. This answer does not form an attorney...
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2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

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3 Answers | Asked in Business Law and Trademark for California on
Q: Somebody is selling goods using my mark. They claim to have been using it before I filled. What can I do?

I have sent out a cease and desist letter.

Dan Robinson
Dan Robinson answered on Jul 13, 2020

If your mark is registered, and assuming that they are telling the truth about using the mark first, you can sue to have their mark limited to a certain geographic area or a certain type of product/service. In a case I dealt with like this, a lawsuit was filed but the parties came to an agreement... Read more »

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2 Answers | Asked in Trademark for California on
Q: If a Trademark like “ EGOTAG” exists can the brand be TM if it is “EGO-TAG” ?

Or “EGO-logo-TAG”

Evelyn Suero
Evelyn Suero answered on Jul 8, 2020

Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.

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2 Answers | Asked in Trademark for California on
Q: Hi I am in California and I am trying to get a trademark. I heard it's been dead since 2012, what do I do?

I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Trademark for California on
Q: Is registration required in CA. to start an org. with voluntary membership that doesn't accept any donations or dues?

I am referring to an activist organization. An organized group of like-minded individuals with a purpose. One with completely voluntary members. No membership fees, no donations accepted.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This is a business formation question, and you need to consult with a business formation or "transactional law" attorney to present your situation to him/her fully and discuss your options. There really is too little information here to respond. What kind of organization? Sub S corp?... Read more »

2 Answers | Asked in Business Law and Trademark for California on
Q: Our trademark with my former company i need transfer ownership to my new company name. Renew trademark too

name: uptempo tv

Serial# 858222486

Reg# 4461249

Evelyn Suero
Evelyn Suero answered on Jul 2, 2020

You should work with a trademark attorney to assist you with the formal assignment of the trademark and renewal.

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2 Answers | Asked in Business Formation and Trademark for California on
Q: If I found a trademark that was requested after I created my LLC, would I get affected? Do I have a right to my LLC name
William Scott Goldman
William Scott Goldman answered on Jul 1, 2020

LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant... Read more »

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2 Answers | Asked in Trademark for California on
Q: What if I made a logo then someone else trademarks a similar logo. Do I have to stop using it or am I grandfathered in?

I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?

William Scott Goldman
William Scott Goldman answered on Jul 1, 2020

Trademark rights are acquired through use, so if you're selling goods or services in connection with that logo, you may be able to claim common law priority within certain geographic areas should someone later attempt to federally register a similar logo for related goods or services. However,... Read more »

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2 Answers | Asked in Trademark for California on
Q: If a trademark is "Status: 602" would I be able to buy the trademark? There is no products, website, or store.

An old friend tried to trademark our brand for us but we have not been able to contact him for a long time now. So I wanted to take ownership of the trademark.

William Scott Goldman
William Scott Goldman answered on Jun 25, 2020

If the trademark is currently listed as 'abandoned' in the USPTO database, you should confirm whether this is due to a failure to respond to Office Action, and if so, whether your application may encounter similar issues with the TM Office. However, if it's not being used then common... Read more »

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1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Q: I have a question about a company name

Someone else has the company name I want but, they haven't been active since 2014 I believe. They don't have it trademarked i looked them up on the government trademark site and other sites they don't come up. Is it possible i can trademark the name and use it for my company?

Barbara Berschler
Barbara Berschler answered on Jun 6, 2020

Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has... Read more »

2 Answers | Asked in Trademark for California on
Q: Am I allowed to trademark a part of a phrase that has an unofficial trademark?

If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?

Tania Maria Williams
Tania Maria Williams answered on Jun 2, 2020

If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel... Read more »

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