Recently Asked Questions - All Categories

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can I TM it? Do I need to TM it?

can I TM it? Do I need to TM it?

In Can I Trademark it?    -  updated on 5/30/2017
I would like to possibly trade mark my domain sandiegosurf.com and San Diego Surf. Plus art work for logo and other art for t shirt designs etc..do I need to TM a domain?. I saw a handful of names tm for San Diego Surf clothing, school etc but no TM for just San Diego Surf. Can I TM those 3 words?
is my registered name/mark being infringed on?

is my registered name/mark being infringed on?

In Can I Trademark it?    -  updated on 5/28/2017
my class 35 mark is the name of a well known cowboy. I offer wholesale and retail store services and goods relating to cowboys including, art, literature, music, shirts, hats, etc.. just recently a rock band named themselves after my trademarked name, they are referring to the same cowboy as my registered mark. They play music and want to sell merchandise, but they are using my name, music is in my application as well as exclusive rights to use the name. I like that they call their band afte...
is my trademark being infringed upon?

is my trademark being infringed upon?

In Can I Trademark it?    -  updated on 5/28/2017
I own the trademark for Nate Champion class 35 service mark. Nate Champion is a famous cowboy in Wyoming. Just recently a rock band has named their band after the same Nate Champion. Where is my jurisdiction for my mark? Can they sell merchandise at their shows with my Nate Champion on it? Are they infringing? It is the same Nate Champion as my mark.
Using trademarked English words on tshirts

Using trademarked English words on tshirts

In Trademark Registration    -  updated on 5/27/2017
When creating designs for tshirts, mugs and similar and writing copy for the sales pages of those items, I'm constantly running into English words that have standard character trademarked for the product category that I'm selling, even though I'm not using the words in any manner that would confuse a buyer about the brand. For example, the word Swatch has pending trademark application for many categories, including products like mugs and towels. If that trademark is approved, does that prohi...
Multiple trademarks or will one cover many?

Multiple trademarks or will one cover many?

In Trademark Registration    -  updated on 5/27/2017
Using the example of Nike's "Just Do It", if they had several variations like "Just Do It", "We Do it", "Always Do It", "They Do It" etc., would registering "Do It" cover all of those, or would the company have to register each phrase separately? I'm just using this as an example, so for the sake of my question I'm assuming that "Do It" is trademarkable even if it's not in the real world (the point being whether trademarking the portion of the phrases that they all have in common rather than ...
Tshirt Phrases

Tshirt Phrases

In Can I Trademark it?    -  updated on 5/27/2017
I've always read that in general, tshirt phrases cannot be trademarked. However in the last couple years I've seen a lot of people taking commonly used popular phrases (or parts of them) and the filing trademarks. In many cases the trademarks are approved. Most of the time the person filing the trademark is not the originator of the phrase (they are just being opportunistic), they are not using the phrase as a real brand, and thousands of products already using the phrases are for sale by man...
using my business name with trade mark

using my business name with trade mark

In Can I Trademark it?    -  updated on 5/25/2017
there are several people out there using my business name with a tm symbol on them What can I do I believe this name is not trademarked
Can I mention  Groucho Marx in a book I

Can I mention Groucho Marx in a book I've written?

In Trademark Ownership    -  updated on 5/17/2017
I am a new as yet unpublished author and I am wondering if I can mention Groucho, Rufus T. Firefly, and "Hello, I must be going" in my book. It involves my fictional detective talking his way into the office of my bad guy. He introduces himself to a secretary as Rufus T. Firefly and gets in. When he's discovered by an FBI agent, the agent throws him out, calling him Groucho. As the detective leaves, he says to the secretary, "Hello, I must be going." Is this an infringement of any kind?
Is my grooming business name Hairy Paw-ter ok to use?

Is my grooming business name Hairy Paw-ter ok to use?

In Domain Names    -  updated on 5/15/2017
I'm opening a new business for dog grooming and I want to name it Hairy Paw-ter. Will I be sued for franchise infringement by using it similar sound but spelled differently and used for dog grooming
can someone sue me for using a geographical name they use in their trademark

can someone sue me for using a geographical name they use in their trademark

In Trademark Disputes    -  updated on 5/8/2017
I registered "Just A Kid from the Lower East Side" as a trademark on March 7, 2017. Someone is threatening to stop the trademark from going forward because they use the name Lower East Side on their apparel and hats. Can my trademark be stopped because of this persons trademark name of the Lower East Side. I am using mine in a slogan and I know others who also use the Lower East Side on their apparel. My USPTO number is 87362500