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New York Trademark Questions & Answers
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 »

2 Answers | Asked in Trademark for New York on
Q: Please explain trademarking, and How it can be used?

i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout... Read more »

Tania Maria Williams
Tania Maria Williams answered on Aug 25, 2020

The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can... Read more »

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1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

2 Answers | Asked in Trademark for New York on
Q: I filed a trademark with my personal address. Is there anything I can do to remove/mask/hide my personal address?

I do not have a physical location for my business.

William Scott Goldman
William Scott Goldman answered on Jul 14, 2020

While a Voluntary Amendment can be filed, your original application will remain as public record. If you need any further assistance, please call or email.

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1 Answer | Asked in Trademark for New York on
Q: Hello I have a logo of a bison and I wanted to know is it illegal for me to use
John B. Hudak
John B. Hudak answered on Jun 19, 2020

Consider consulting with a trademark attorney. The trademark attorney will intake the relevant facts such as the actual design and what the trademark is being used for – and then execute a search for you.

This answer includes generalizations and there are many caveats. This answer does...
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2 Answers | Asked in Business Law and Trademark for New York on
Q: Can i still use Goddess of Wink for my Eyelash company? I see that Goddess Wink is trade marked.

I sell false mink eyelashes. I don’t teach a class or have ebooks for sale.

Tim Akpinar
Tim Akpinar answered on Jun 9, 2020

If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.

Tim Akpinar

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2 Answers | Asked in Trademark for New York on
Q: Would it further enhance my Trademark application to submit multiple specimens? My services are all in the same class.

Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.

Is that overkill... Read more »

Evelyn Suero
Evelyn Suero answered on May 3, 2020

According to USPTO guidelines, when you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing.  Since you may later be asked to submit additional specimens to properly examine your application or... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Would the name "The Boujee Girl UNLIMITED" be a problem with "Boujee girl Cosmetics" in getting a trademark?
Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a... Read more »

2 Answers | Asked in Trademark for New York on
Q: Is there a way around this to keep my name? Does it matter that I've had my domain longer than they've been registered?

My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

Evelyn Suero
Evelyn Suero answered on Apr 21, 2020

You should speak with an attorney about the possibility of filing a Petition for Cancellation of the registered trademark if you feel that your trademark has priority of use over the registered mark.

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2 Answers | Asked in Trademark for New York on
Q: My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

Is there a way around this and keep my name? Does it matter that I have had the domain for a year already? Our logo designs are totally different.

Bill Hulsey
Bill Hulsey answered on Apr 21, 2020

Yes

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2 Answers | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
Read more »

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1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

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