A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to... Read more »
Company name is trademarked.
Yes. You have options.
Assuming you have a solid case of infringement, you could perhaps file a trademark lawsuit in state court, federal court, or start resolution through whomever is hosting the website (likely ICANN).
Please talk to an experienced IP attorney to discuss these... Read more »
In a fictional book, what is the protocol for mentioning brand names? I'm referring to situations in which the particular company / brand is not being represented in a negative way, but only mentioned casually. For instance, can an author write a book in which their characters are eating... Read more »
Depends on the context, purpose and such.
You should consult with an attorney to understand your risks
best luck
Marcos
For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »
Yes
The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.
Consult with an attorney.
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »
I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only... Read more »
This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.
The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark... Read more »
The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »
The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.
Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.
Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... Read more »
Well, first off: sorry for your loss. If it's a federal registration that has been abandoned, there could be a 'grace period' for revival. But unless you were in business together, claiming continuous use in commerce could be difficult, unless there's excusable non use. If... Read more »
I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... Read more »
The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... Read more »
There are various reasons that a file will be considered abandoned by the USPTO. If the file is considered abandoned for failure to respond to an Office Action or to file the Statement of Use, an applicant may be able to file a Petition to Revive the application. However, the petition must be... Read more »
My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to... Read more »
We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.
I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... Read more »
Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.
My girlfriends uncle is the one who tried to set it up and he isn’t very good with technology and now I’m up at the farm working and need to get this figured out
you should work with an attorney to make sure you can get the mark.
if it has been while since it expired, most likely you need to file again, start from zero. and hope nobody took it from you.
are you in georgia?
www.legalbizglobal.com
See information on Durysta
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... Read more »
Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.
Before proceeding to attempt to register the same trademark, you should consult with... Read more »
It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »
You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.
I provide... Read more »
Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us
In where they asked if I wanted to submit my poems for potential entry into their... Read more »
The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov
You don't need to indicate a... Read more »
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