Trademark Questions & Answers by State
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Trademark Questions & Answers
Q: If someone has Salt Life trademarked, can I use The Salty Life or My Salty Life without any trouble.
Leonard R. Boyer's answer
Although you probably need to speak to a trade mark attorney, the answer is yes. Do not do it!
Although you probably need to speak to a trade mark attorney, the answer is yes. Do not do it!
Q: The image trademark for Peach State Pride LLC is a peach and the state of GA. Am I in violation if I just use the peach?
Julie A. Rice's answer
http://www.duetsblog.com/2010/06/articles/trademarks/now-thats-a-peach-of-a-trademark-description/
Just google it and you won't find a straight answer so go for it!
http://www.duetsblog.com/2010/06/articles/trademarks/now-thats-a-peach-of-a-trademark-description/
Just google it and you won't find a straight answer so go for it!
Q: I am creating marketing for a veterinarian. Offer is : schedule dental, get a bag of Hills food. Need trademark symbol?
Mr. Michael O. Stevens' answer
It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.
It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.
Q: I submitted a DBA as "movement music" but I am going to brand the org. as "movement drum" Should i resubmit. Sole Prop.
1 Answer
| Asked
in
Business Formation, Business Law and Trademark
for
California
on
Answered on Feb 16, 2016
Answered on Feb 16, 2016
Adam Studnicki's answer
You can have multiple DBAs.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 advice and help with your specific situation at your...
You can have multiple DBAs.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 advice and help with your specific situation at your...
Q: I sell cosmetics. can my lipstick name be same as another companies lipstick name, like "princess" if they did not TM?
1 Answer
| Asked
in
Trademark, Business Formation and Business Law
for
California
on
Answered on Feb 6, 2016
Answered on Feb 6, 2016
Adam Studnicki's answer
Best to talk to intellectual property counsel before making big investments.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 advice...
Best to talk to intellectual property counsel before making big investments.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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 advice...
Q: hello it says my trademark is suspended may i ask why & what causes that & what may i do ?
Changi Wu's answer
A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters; however, suspension inquiry letters do require a response.However, if the application has been suspended for six months or more, the examining attorney will issue an...
A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters; however, suspension inquiry letters do require a response.However, if the application has been suspended for six months or more, the examining attorney will issue an...
Q: My legal name is Fawn.My name was trademarked by someone, can I still use my name with my middle name to sell music?
Leonard R. Boyer's answer
It is questionable at best. You need to consult with an IP/Trademark attorney. Good luck.
It is questionable at best. You need to consult with an IP/Trademark attorney. Good luck.
Q: can I use a name similar to a trademarked name?
Changi Wu's answer
If the trademark you planned to use is similar to a registered mark or senior mark, it is unlikely that you can use your proposed trademark in the same category of goods or service. To infringe an existing trademark, the junior mark does not have to be exactly same as the existing mark. As long as they look alike or sound alike, your trademark will be likely to cause the consumer's confusion of the source of the goods. However, the evaluation of the likelihood of confusion involves many factors...
If the trademark you planned to use is similar to a registered mark or senior mark, it is unlikely that you can use your proposed trademark in the same category of goods or service. To infringe an existing trademark, the junior mark does not have to be exactly same as the existing mark. As long as they look alike or sound alike, your trademark will be likely to cause the consumer's confusion of the source of the goods. However, the evaluation of the likelihood of confusion involves many factors...
Q: If infringement was not committed willfully & the TM owner notifies me only after a year, can I take action against her?
Leonard R. Boyer's answer
Your best course of action is to consult with an experienced patent attorney. These attorneys are usually are also intellectual property attorneys as well. Good luck.
Your best course of action is to consult with an experienced patent attorney. These attorneys are usually are also intellectual property attorneys as well. Good luck.
Q: I want to start a business in Utah, however the name I am wanting is trademarked federally. Can I use this name locally?
Brian K Jackson's answer
It depends on how unique the name is and if you sell the same kind of goods that may cause confusion with buyers.
It depends on how unique the name is and if you sell the same kind of goods that may cause confusion with buyers.
Q: Can I use register a company name if someone else has been using for an unregistered(no SOS, USPTO, IRS filing) company?
Julie A. Rice's answer
Yes if it is as you say. See the following link for more information and also you need to check with the SOS to see if the name is registered as a corporation or otherwise: https://georgia.gov/agencies/georgia-secretary-state
Yes if it is as you say. See the following link for more information and also you need to check with the SOS to see if the name is registered as a corporation or otherwise: https://georgia.gov/agencies/georgia-secretary-state
Q: I initiated the import of a product that later on found out that is trademarked. How will I be able to clear UScustoms ?
H. Scott Aalsberg Esq.'s answer
Yes you need an owners permission to use his property. If you don't have permission you are opening up yourself to massive legal costs find your yourself a Patent and Trademark lawyer immediately
Yes you need an owners permission to use his property. If you don't have permission you are opening up yourself to massive legal costs find your yourself a Patent and Trademark lawyer immediately
Q: Similar Business Names (Trademark)
Adam Studnicki's answer
The answer to this question involves looking more closely at the specifics of your situation. A trademark lawyer can review and assist.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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...
The answer to this question involves looking more closely at the specifics of your situation. A trademark lawyer can review and assist.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. 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...
Q: What does 790 - Cancellation Pending really mean?
Tristan Kenyon Schultz's answer
"Cancellation pending" means the PTO (Patent and Trademark Office) is reviewing cancelling the mark(s) because of: (1) abandonment, (2) alleged infringement, (3) genericide or (4) a combination of the listed reasons. The marks are still active until they are cancelled or re-instated. Contact a lawyer before you attempt to register your similar mark.
"Cancellation pending" means the PTO (Patent and Trademark Office) is reviewing cancelling the mark(s) because of: (1) abandonment, (2) alleged infringement, (3) genericide or (4) a combination of the listed reasons. The marks are still active until they are cancelled or re-instated. Contact a lawyer before you attempt to register your similar mark.
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