Trademark Questions & Answers by State
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Trademark Questions & Answers
Q: Can I use the name Buccaneers for my team, seeing as theres already a team named the Tampa Bay Buccaneers
1 Answer | Asked in Trademark for Georgia on Aug 30, 2015
Answered on Sep 1, 2015
Julie A. Rice's answer
Probably not. Check with the Georgia Secretary of State to see if there is a trademark, tradename, or copyright of that name.
Q: how can I get my name deleted from a trademark?
Julie A. Rice's answer
See the Georgia Secretary of State website and/or call them to obtain this information.
Q: What does it mean if it shows a trademarks status is abandoned
1 Answer | Asked in Trademark for New Jersey on Jul 9, 2015
Answered on Aug 26, 2015
Leonard R. Boyer's answer
This is the link to the Us Patient & Trademark office.
http://www.uspto.gov/trademarks-application-process/abandoned-applications
You should retain an IP attorney to help you with any matters such as this.
Good luck.
Q: how do I respond to a cease and desist letter
1 Answer | Asked in Trademark for Massachusetts on Jul 21, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
Have a local trademark lawyer evaluate your specific situation and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a...
Q: Has the business title "Backyard Buddy" been secured by trademark?
Adam Studnicki's answer
A trademark search can be conducted. A local trademark lawyer can assist and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
Q: I have a similar business to one that is trademarked in the UK, but mine are strictly hot tub rentals, could I be sued ?
Adam Studnicki's answer
Talk to a local trademark lawyer about this.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...
Q: Losing my business trade name?
1 Answer | Asked in Trademark for New Jersey on Jul 27, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
Talk to a local trademark lawyer about how to respond to the letter.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...
Q: So is it legal to make a sign that says DRINK WISCONSIN SENSIBLY or is it trademarked
Adam Studnicki's answer
Talk to a local trademark lawyer, who can investigate and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...
Q: I am America book has trademarked "I am America" however that's the name of my company, am I allowed use it on merch?
Adam Studnicki's answer
A company name may or may not be a trademark. The nature and extent of the other trademark(s) should be examined. Trademark questions like this are fact-specific. A local trademark lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
Q: how should I answer the defult of Notice of TM application?
Adam Studnicki's answer
One good way is by consulting with a local trademark lawyer about what to do based on your specific situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...
Q: The phrase "drinking for three" is trademarked. Can I use "Drinking for 3" in its place?
Adam Studnicki's answer
More information is needed to answer. This type of question has to be answered based on the specific facts involved (product, geography, usage by others, etc.). Generally speaking, if it\'s for the same type of product/service, then it could be problematic. Talk to a local trademark lawyer, who can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
Q: I want to purchase the authorization of using the trademark of CLASH OF CLANS, is there a lawyer can help me with this?
Adam Studnicki's answer
Yes, you can search for local business or intellectual property lawyers using Google or the Find a Lawyer tool on this site.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
Q: when the status of the trademark is "606 - Abandoned - No Statement Of Use Filed", can another person use the name?
Adam Studnicki's answer
This type of trademark question can\'t be answered in the abstract. Knowing the name, type of product, other uses of the name, etc. are important. A local trademark lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
Q: Can I trademark golf life apparel?
1 Answer | Asked in Trademark for South Carolina on Aug 17, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
A local trademark lawyer can advise based on the specifics.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
Q: How do I trademark my Clothing Line?
Adam Studnicki's answer
Working with an experienced trademark lawyer is one good way.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...
Q: If someone has filed for a trademark without the "the" in front of the name, can I file one using the "the"?
1 Answer | Asked in Trademark for California on Aug 21, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
When analyzing trademarks, the specifics need to be looked at. That said, generally speaking, unlikely. A local trademark lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the...
Q: When the name of a prescription medicine is used in a movie or television script, do they need permission from company?
Adam Studnicki's answer
The application of trademark law can be tricky and best to look at the specific circumstances rather than theoretically because the answers are usually fact-dependent. A local trademark lawyer can advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Q: Would you be able to obtain a new trademark by adding words to trademarked phrase/word?
Robert Jason De Groot's answer
Trademark attorneys rarely answer questions here. Go see one about this. Or try to learn more about it.
Q: Trademarking Colors
Adam Studnicki's answer
Generally speaking, colors can be trademarked. Also, general speaking, whether a trademark is infringing depends on whether there is a likelihood of confusion, and that's a fact-specific analysis. A lot more information is needed to determine whether your mark would potentially infringe on their mark. Consult an experienced trademark lawyer for advice about this. Of course, the competitor may sue regardless of whether or not they have a strong claim.
Please Take Notice: I am not your...
Q: What is section 8 of the trade mark
Robert Jason De Groot's answer
Here is a link to that section http://www.uspto.gov/web/offices/com/sol/og/con/files/cons166.htm