If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the...Read more »
I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.
Unfortunately no. Trademark registration is just an evidence of first use of the trademark. Hence, if a trademark is canceled or it expires, it can be still under common law protection, provided that the owner has continued and continue using it for the same purposes of its original intent.
I have a trademark that is registered in the US as well as in other countries. If I want to oppose a trademark in another country (where mine is also registered), can a US attorney do this or do I need to contact an attorney in the infringing trademark's country?
Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services....Read more »
What you are concerned about is trademark infringement issue. Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or...Read more »
im looking to trademark my company name and I was advised to get a lawyer so I wanted to know a average estimate of how much trademarking my business name will cost? and when I do trademark it in my country will the protection of my trademark work in other countries as well?
The application fee for trademark registration with the USPTO is $250-$350 per trademark, per class. Attorney fees vary but it is recommended that you work with an attorney. Trademark registration in one country doesn't provide registration in another country.
I can email a screenshot and also my application to view. Can you look it over and tell me if the application looks good to go? I intend to sell herbal powders, essential oils, bars of soap, and herbal teas. Thanks for your time.
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 »
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 »
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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