A dead trademark indicates that it is available for registration yes, but you'll still have to go through the registration process which entails completing and filing a registration application and demonstrating actual use in commerce.
Typically, you would do some additional research to determine if the mark you want is still in use, even though the registration application has been abandoned. In the U.S., trademark rights arise out of use of a mark in commerce and the registration simply puts others on notice that you are using...Read more »
I'm building a website where I would like to share referral link/affiliate links/promo codes from accounts that I own with other companies. In order to properly identify those companies, I need to use their logos so visitors are aware of who they are. My understanding is that this is... Read more »
We want to name a business using a made-up word, but people use it as hashtags and a few other people had used it in the title of their workshops, but no trademarks exist and I don't see any business entities that have put a lot of money into the use of the word. If I trademark it and set up a... Read more »
Sorry, but based on what you wrote, I don't think that you'd be able to trademark it. It does not work that way. You can't just see a word in use, think that it is a great idea, register it as your own, and keep others from using it. It is not your intellectual property, but someone else's.
I've been using a specific phrase on coffee mugs (and selling them) since October 2016. Recently a trademark was approved for a very similarly worded phrase Am I infringing by using my own phrase on my coffee mug (and selling them online and at craft fairs)? His is trademark for use on coffee... Read more »
An attorney would need to know more about your history of using the phrase and the trademark applicant's to provide an opinion on whether you may continue to use the mark. If you are the senior user, it is possible you may be able to have the trademark cancelled or at least retain the right...Read more »
I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... Read more »
I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.
This is before seeing any information, and after this person being served a cease and desist to stop using the logo. They also never filed an opposition with the Federal Trademark commission. Even though they were given ample time to do so. There is more to this, but looking for answers to help in... Read more »
You should speak with a trademark attorney in Nevada as soon as possible. It is possible to obtain an injunction if the defendant has not responded to a lawsuit. A trademark infringement plaintiff is not required to file an opposition to a trademark application before bringing an infringement...Read more »
There is not a question here. Best of luck on your venture.
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