Usually the examiner wants it clear that you are "disclaiming" any right to a generic word. For example, if you used the word "association" in your mark, you do not acquire any rights in that word. Anyone can use the same word in their mark.
I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.
Contact the blog owner and inquire if they can put you in contact with the student. Note however that an intent to use is not the same as actual, continuous use in commerce. In the United States, the general rule is that trademark rights are based on priority of use in an actual business or trade....Read more »
When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services...Read more »
Just because a mark is abandoned doesn't mean it's not still in use and the person may have common law rights. I would suggest enlisting the help of an attorney who can help you do a thorough search. Feel free to contact me at email@example.com or 561-370-7396.
I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find... Read more »
Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of...Read more »
Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the...Read more »
It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among...Read more »
The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.
The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped...Read more »
We have a DBA under our LLC called Big Smoke Dallas. This TM "Big Smoke" already exist and they have asked us to change our name. We are thinking of change it to Big Dallas Smoke but want to make sure it does not infringe.
If the BIG SMOKE trademark is registered for use in the same Class (or a Class within the zone of natural expansion) in which your use of "Big Dallas Smoke" falls, then the BIG SMOKE registrant may assert that you are infringing its trademark rights. The answer to whether you actually...Read more »
I am not licensed in Texas and can't give legal advice on the non-federal law portion of the question. However, regarding the trademark, it depends on who is the registered owner and what the operating agreement for your business says. If the company owns the mark, instead of a particular...Read more »
I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... Read more »
Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain...Read more »
You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting...Read more »
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example,...Read more »
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