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New York Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I register this brand for clothing .?

I want to register this brand for clothing and accessories and I would like to know if it's possible and what is the cost

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 26, 2021

You need to consult an attorney so he can do a thorough search for you

2 Answers | Asked in Trademark for New York on
Q: can I trademark an IP without a business license or deciding on a business name ?

I have fictional character I made for movies, music and books. I want to protect it and license it

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 18, 2021

Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And,... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I own the domain name hodlerhotel.com I want to trademark holder hotel what do I need to do?
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 16, 2021

The trademark process is usually done in two steps. First, you’ll need to perform a clearance search to ensure that the name is available and that there are no “confusingly similar” trademarks. Then, if the name is clear, you can protect the name by submitting a trademark application through... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Why is our trademark showing Published For Opposition after we already got our certificate with the registration number?

and how can I change that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 31, 2020

You should consult with an attorney.

If you are trying to save money by doing yourself you can contact the examiner and ask him or her.

You may be confused as to what you got.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can I use the word capricorn on a hoodie and not get sued?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 26, 2020

Depends on whether somebody else is using and in what context

Consult with an attorney

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3 Answers | Asked in Trademark for New York on
Q: I have an LLC registered and I want to launch a product line under that LLC. Should I trademark LLC or product line

Registered in NY

Evelyn Suero
Evelyn Suero answered on Dec 17, 2020

Many companies use and register multiple trademarks associated with their brand name(s) and individual product lines. Consult with a trademark attorney to guide you through the process and determine which marks will be used to represent the company's goods/services.

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
Read more »

4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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3 Answers | Asked in Trademark for New York on
Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

Bill Hulsey
Bill Hulsey answered on Dec 2, 2020

No, but you can file for the same mark, if it is not in use.

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1 Answer | Asked in Trademark for New York on
Q: Hey! Would i be Able to add another pseudo name? I found A company in Pennsylvania trying to use my trademark name.

I would like to send a cease and desist form

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.

2 Answers | Asked in Trademark for New York on
Q: Can I pickup thus trademark if it’s dead
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 26, 2020

It may show as dead because of a error in the calendar. A trademark attorney will have to review the history of the mark for information suggestive of your use as a good or a bad idea. You may be infringing if the renewal failure was an oversight.

See an attorney.

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Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

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2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I converted from an LLC to Corporation I am trying to record it with the trademark office. What information do I need?

I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?

Evelyn Suero
Evelyn Suero answered on Sep 30, 2020

A Voluntary Amendment form may be filed with the USPTO to request modification and/or addition to an already filed application that the Law Office examining attorney has not yet examined, however the applicant must carefully review the instructions because not all amendments will be accepted.

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2 Answers | Asked in Trademark for New York on
Q: Hello! I am a musician looking to trademark my stage name. I just have a specific question

My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

My recommendation would be to file two applications, covering two classes each. One for the plain name, covering both apparel and music-related services; and another for stylized name covering the same classes. You should reach out to a qualified trademark attorney like myself to help guide you... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Is a signed settlement and trademark licensing agreement without it being stamped is valid and enforceable under NY law?

I come across one settlement and trademark licensing agreement ("STLA") that is governed by the New York, United States law whereby it is signed by both the Licensor and Licensee but it was not stamped. I am not sure what are the formality / pre-requisite for a STLA to be valid and... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.

-Tim

1 Answer | Asked in Trademark for New York on
Q: Is Burnin' Bush available for trademark

Or this

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

There are no federal trademark applications for this name. But without doing a full search, you should know it is possible someone could be using it without a federal registration. Feel free to drop me a line if you'd like to discuss further!

-Tim

2 Answers | Asked in Trademark for New York on
Q: Can I use a trademarked logo for clothing? Serial Number 87261241
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

Are you asking whether you can use your own trademarked logo on clothing or that of another? There's a different answer to your question depending on that distinction.

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1 Answer | Asked in Trademark for New York on
Q: if I see someone has trademarked the same name as I would like to, but theirs is in a unique font would I still be able

(cont) to trademark said name + my sub heading= altogether?

Evelyn Suero
Evelyn Suero answered on Sep 7, 2020

If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many... Read more »

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