In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2
* Are your goods/services in the same class as the...Read more »
I am filing for a trademark with the USPTO to protect my company name. But we provide a particular service that I want to protect, as we are about to be nationwide soon. This service is what differentiates us from other companies similar to mine.
A federal trademark application will be rejected for a business name standing alone (see TMEP 1202.01). A federal trademark/service mark registration must be directed to a mark that is used with some underlying goods/services (or is intended to be used with goods/services). It sounds as if a...Read more »
This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®
it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.
Usually, things printed on clothing are not considered identifiers of source. Trademark protects against source confusion, and frequently the things printed on clothing are considered ornamentation rather than suggestive of the quality or origin of the clothing itself. Nevertheless, you may be able...Read more »
They haven't trademarked the term but they have been established for at least 3 years– I just want to make sure I won't be in any legal trouble for using the same trade name despite being in a different category. Thank you!
Even though the name is not federally registered, the owner may have common law rights to the name as a trademark. An attorney would need to review the how the term is being used, the proposed trademark, and possibly perform a trademark search to determine if the term is clear.
To confidently answer your question, you need to commission a trademark search. There may be other marks that, while not identical, may be likely to be confused with your to your proposed mark.
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