Party A applied for Fed TM in January. Current processing time is 14-16 months. Party B applies and receives a State TM in January bc a State TM is much easier to obtain. Party A & B both jointly were in the business, however Party A came up with business name, created all artwork, acted as... View More
The assessment of trademarks rights is primarily (but not solely) governed by actual commercial use. The answer to a question like yours is highly fact-specific, and there is not enough detail provided in your description. You should really discuss the specifics of your case with a trademark...View More
You should contact a "trademark infringement" or "intellectual property" attorney to discuss possible options here. This will be very fact specific and you will need to give them more information for them to advise you about options moving forward.
I buy the product from a source that is allowed to make the sticker or decal and I put it on a product to sell. Do I still have to get a Craftman license to be able to sell that with that sticker on it?
Your ability to use the word "gunmetal" depends on its use within your mark and the other mark. Examining attorneys look at the mark itself as well as the class of goods or services in which the mark is being (or will be) used. I would suggest enlisting the services of a trademark...View More
There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks....View More
It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.
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