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My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More 
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answered on Oct 14, 2024
If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More
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answered on Dec 4, 2023
To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.
If... View More
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answered on Oct 11, 2024
Using "MARVEL" as part of your acrylic frame could potentially infringe on trademark rights. MARVEL is a well-known brand, and its name is legally protected to prevent unauthorized use that might cause confusion or imply endorsement.
If the frame is sold or distributed,... View More
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answered on Aug 6, 2023
To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More
I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.
answered on Mar 15, 2023
Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More
The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... View More
answered on May 26, 2022
Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... View More
I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... View More
answered on Mar 13, 2021
you should consult with an attorney
did you ever register the mark?
how long did you stop using it?
what products do you make and they make?
The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.
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answered on Feb 11, 2020
If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for... View More
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