There is no live registration for the mark NERD BOSS. There was an "intent to use" application filed in 2018 for apparel, but abandoned in 2019 after opposition from the owner of several marks consisting of (or containing) the word BOSS (HUGO BOSS, BOSS, BOSS ORANGE, BOSS BLACK, BOSS...Read more »
The company cancelled in December 2019. My design and logo would be different from the one they had. However, my company would be similar to the one they had in the sense that I will be selling clothing/apparel. This company was located in California. I will be based online, but may conduct a store... Read more »
I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.
Hi there! It is great that you are thinking about IP protections from the very beginning.
From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...Read more »
I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... Read more »
Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be...Read more »
I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?
Transfers of ownership/assignments are recorded using the Electronic Trademark Assignment System (ETAS) at the USPTO. It is important to carefully follow the instructions regarding when such assignments may be recorded (typically after filing Amendment to Allege Use).
Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an...Read more »
If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be...Read more »
We want to say "if your rate is 7% and UP." We want to give away a 12-pack of 7UP with each funded loan. We also want to stack cases of 7UP in our lobby to draw attention to the campaign. Can we say in advertisement "7UP"? Our compliance officer wants to make sure we are not... Read more »
7UP is a registered mark and using it for commercial gain (i.e. in your advertising) without a license could be problematic. There may be options available to you to be able to do the promotional campaign without running afoul of trademark laws. I have assisted financial institutions with their...Read more »
It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the...Read more »
That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the... Read more »
It appears you missed a trademark prosecution requirement. This can happen when you file an intent to use application. You are required to submit proof that you used the mark in interstate commerce within six months of receiving a notice of allowance from the USPTO. It may be possible to revive...Read more »
Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial...Read more »
You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in...Read more »
I run a smallish student organization at my university and we are designing the shirts to sell at an upcoming fundraiser. One of our designs is very similar to the wu tang W logo without the text. The funds raised from the shirts would go back into the club.
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