I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... Read more »
answered on Mar 9, 2023
CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.
Your mark CREATINE MONOHYDRATE GUMMIES... Read more »
In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well
answered on Sep 20, 2022
This application was abandoned for failure to timely file a Statement of Use or a request for extension.
However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal... Read more »
More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?
answered on Sep 6, 2022
Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... Read more »
Can I use that name freely and within my rights for the purpose of using defye to implement a online deaf artworks platform
answered on Jul 23, 2022
Reg. 3571870 for the mark DEFYE used on apparel was cancelled in 2015 for failure to file a statement of continuing use. That does not necessarily mean the owner ceased using the mark, but even if still is, your use of DEFYE (or the homonym DEAF EYE etc) would not be infringing. You should... Read more »
Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?
answered on Jul 11, 2022
One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... Read more »
I’m looking to start a new business but I first want to trademark the name and idea
answered on May 30, 2022
Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... Read more »
answered on Apr 26, 2022
It is not quite clear whether you are seeking to re-file a rejected trademark registration application or file a renewal of an existing registration, but, either way, you should seek the advice of a US trademark lawyer for your best options.
A trademark attorney will discuss your options... Read more »
I was going to register as an LLC and trademark because it's not found in Ga can I do that?
answered on Mar 30, 2022
It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).
A name may be "free" within the state... Read more »
answered on Feb 26, 2022
If you have a federal registration for the mark, and it is being used for similar goods or services, you can bring an infringement case in federal court. If the new user of the mark is unaware it is registered, it may be possible for you to stop them and even get them to pay damages by sending... Read more »
As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »
answered on Jan 6, 2022
Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »
answered on Dec 19, 2021
Maybe.
Depends if it is alive and for sale.
Consult with an attorney.
What is the cost for trademarking one class service and one mark. This is for a software company.
answered on Dec 1, 2021
You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.
I want to purchase the rights to ownership of this trademark:
Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".
answered on Oct 19, 2021
It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period
answered on Oct 7, 2021
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... Read more »
answered on Sep 3, 2021
You need to invest in a consultation with an attorney to analyze your case and provide options.
For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?
answered on Aug 3, 2021
You do not need any more LLCs
You need to register the brands to get protection against others who would want to use the same name
You need to consult with an attorney
DARPA, CDMA, USCCA, USCIS, RealID, E-Sign
answered on Jun 6, 2021
Some are functional. Some are brands. Knowing the difference is important and controls your rights.
answered on May 19, 2021
No, not familiar
let us know your question on trademarks
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