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New York Trademark Questions & Answers
2 Answers | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

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?)

Ali Makoui
Ali Makoui answered on Sep 29, 2021

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 »

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1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

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.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

2 Answers | Asked in Trademark for New York on
Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?

Is it basically up for grabs?

Linda Liang
Linda Liang answered on Sep 3, 2021

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.

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2 Answers | Asked in Trademark for New York on
Q: Can I use US lawyer to oppose a trademark in another country (where my trademark is registered as well)?

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?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 26, 2021

It all depends on the rules of the other country.

Most likely it will need to be a locally licensed attorney.

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2 Answers | Asked in Trademark for New York on
Q: I want to give my company a name like "posh" but I know there's other companies with the same name is it a problem?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2021

Yes it can be a big problem

Consult with an attorney

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1 Answer | Asked in Trademark for New York on
Q: Can I use this words "Buffalo Bills" on a postcard? I don't see it listed in the list of items.
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

Probably not

Consult with an attorney to understand your risks

2 Answers | Asked in Trademark for New York on
Q: Need a lawyer to stop companies from using my trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Send a cease and desist

Consult with an attorney

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2 Answers | Asked in Trademark for New York on
Q: Can I start a trademark that sounds similar to a registered trademark in a similar industry?

Sisea- Registered for clothing.

Seasi - Unregistered but would like to trademark it for swimwear.

Omar Darwich
Omar Darwich answered on Jul 7, 2021

Your best option here is to consult with an attorney.

You run a serious risk without doing so due to what is called likelihood of confusion.

Thats why you don't see companies called "NYKE" selling clothing.

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1 Answer | Asked in Federal Crimes, Internet Law, Small Claims and Trademark for New York on
Q: Can I sue someone if they borrowed around 10k from me and he hasn’t returned it since.I’ve asked multiple times for it.

I have text history of giving him this money but I’m not sure if that’s considered legitimate evidence. This man continuously ghosts me everytime after he promised he would get it to me.

Linda Liang
Linda Liang answered on Jul 5, 2021

Yes, you can. Text history is a form of proof if it clearly indicates the debt and the other party did not dispute.

3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Nicole Schaefer
Nicole Schaefer answered on Jun 19, 2021

Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!

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2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Evelyn Suero
Evelyn Suero answered on Jun 15, 2021

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 »

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1 Answer | Asked in Trademark for New York on
Q: Can I use a company logo in a game? For example Coco Cola?
Linda Liang
Linda Liang answered on May 6, 2021

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 »

1 Answer | Asked in Trademark for New York on
Q: how much do it cost to trademark my cosmetic company name?

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?

Evelyn Suero
Evelyn Suero answered on Mar 6, 2021

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.

1 Answer | Asked in Trademark for New York on
Q: I would like to know if i am using the correct international class codes on the teas plus application.

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.

Class codes I used:

Class: 003- for soap and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 1, 2021

Looks like you are ok.

You should consult with an attorney to make sure your mark has a chance.

cheers

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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