Hello from a longtime tabletop rpg player! I've had the pleasure of knowing and gaming with some of the leading names in gaming going back to the early 80s. This is one of my favorite topics, and the answer to your question is—both.
A company is registered through the filing of your...Read more »
Consult a qualified trademark attorney to prepare and file an application for federal registration.
You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these...Read more »
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot...Read more »
It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).
We filed a patent application through a lawyer. The lawyer said it is suitable for the name we applied for. you can get this name. He said and we made the application. Then, 9 months later, the officer in the trade mark told us that 2 items were canceled due to name similarity with another company.... Read more »
The attorney should not have given unqualified assurance that the mark could be registered merely on the basis of an initial search. Applications to register trademarks are reviewed by a USPTO examining attorney about six months after submission, and in your case apparently the examining attorney...Read more »
i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... Read more »
Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and...Read more »
I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.
There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.
Contact a trademark lawyer to discuss your...Read more »
The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.
Further, the name must be sufficiently unique to...Read more »
You would protect your artwork with a US Copyright registration. Your work is copyrighted "automatically" the moment your artwork is affixed in "tangible" form. A copyright registration records your ownership and gives you the right to sue for copyright infringement and to make...Read more »
The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support...Read more »
I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... Read more »
Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an...Read more »
It depends on a few things. First, what goods/services is MELANIN registered for? If the goods/services are the same/similar to whatever your design will be used for, the risk that you are infringing is relatively high. If not, then there might be little to no risk at all. Keep in mind that MELANIN...Read more »
A "606 status" means the PTO has deemed the application "abandoned" for failing to file a statement of use ("SOU"). The need for an SOU arises when the application is filed as "intent to use," meaning the applicant is not currently using the mark in commerce...Read more »
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