Patents & Trademarks Questions for claim

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Role of Disclaimer in Infringement

Role of Disclaimer in Infringement

In Trademark Registration    -  updated on 11/11/2009
Group:

Can anyone explain the role of disclaimer in infringement?  My thoughts are, there is no role because it is perception and market confusion.  Consumers do not know and do not care about whether a disclaimer is present.  Can anyone say otherwise?  Caselaw?

Regards,

How to state a word mark with generic term:  Disclaim or drop the generic term?

How to state a word mark with generic term:  Disclaim or drop the generic term?

In Trademark Registration    -  updated on 11/11/2009
Let's say that I sell a series of CDs of lullabies, but have plans to eventually offer incense to help relax people, and specially designed pillows designed to do the same.  For sake of the example, the series of lullabies is being sold under the "Relaxathon" mark, and each CD in the series is identified at the top with a very large "Relaxathon" source identifier, while under this is the word "Lullabies."

I'm only going to do a 1(a) appl...
Disclaimer

Disclaimer

In Trademark Registration    -  updated on 11/11/2009
Group:

I have read TMEP 1213.   Is it safe for me to define the "disclaimer" standard as "any word not able to be registered if standing on its own."

Regards,

Ebay is refusing to accept my Counter-Notice Claim

Ebay is refusing to accept my Counter-Notice Claim

In Trademark Disputes    -  updated on 11/11/2009
Sorry but I am new here. I had typed a pretty lengthy and detailed message but it seems that I cannot post it( Even though my message doesn't include any links)

Anyhow, here a brief summary:

On September of this year I was able to get my hands on Ed Hardy products (Shirts and hats) at a great price from a local AAFES store. These items were about 6 months to one year behind the actual trend, but they were legitimate, new with tags. It seems to be a Hell of a bargain for me.
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Claimed trademark infringment

Claimed trademark infringment

In Trademark Disputes    -  updated on 11/11/2009
Does "XXXXisco" infringe on a trademark that is "XXXX"?

A big company just claimed that, but I am not certain if that claim is legit. Please help. Thanks!
Disclaimers??

Disclaimers??

In Trademark Disputes    -  updated on 11/11/2009
I own a company, XYZ, with a trademark that is registered.  It is an apparel company.  Recently, another company selling clothing in the same industry (golf) has applied for registration "XYZWear", plus the tag line, "Golf Fashion for Women."  The only destinct feature of the mark is XYZ.  On first review from the examining attorney, they list no confusing marks, but insisted that the applicant disclaim "wear" and "Golf fashion for Women,...
Reclaiming an abandoned trademark

Reclaiming an abandoned trademark

In Expired Trademarks    -  updated on 11/11/2009
I missed responding to an office action from a USPTO examiner within the 6 month deadline last week. Now we do want the trademark after all and accept the examiners changes. Do I have to start over with a new application, or is there a way to respond after the deadline?
claiming profits from an infringer?

claiming profits from an infringer?

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
Hello,  I have been infringed against.  The infringer used the name of my company (registered) on the exact same goods.  I have read that the owner of a mark can obtain the profits such infringer made from use of the mark.  Is this true and what are the circumstances which allowor it?

Thank you.
Claim to trademark and www issues

Claim to trademark and www issues

In Domain Names    -  updated on 11/11/2009
Hope you good people can help someone who is completely at a loss on how to proceed. My story so far:

I have decided to build my own website. It will be an information source with updates on a topical issue.

I came up with a name I liked and registered the domain, so I now have www.name.com.

The name I chose is a twist on an existing word. For example it would be "platinam" instead of "platinum". I sea...
Fair Use of a Service Mark not registered but claimed

Fair Use of a Service Mark not registered but claimed

In Service Marks    -  updated on 3/8/2010
Can someone claim you are infringing on a SM that they came to put on a few words on their site with no federal registration of it if you are not gaining income from it? If I have an information site and NO INCOME is being generated yet I use a particular word that means the same as they use in the same industry but slightly different outcomes... but they really are not doing anything to protect the brand or words from others use but solely come after me for some reason and I am not using...
What does DISCLAIMER mean on the information page of a registered name.

What does DISCLAIMER mean on the information page of a registered name.

In Trademark Registration    -  updated on 3/8/2010
What is the "DISCLAIMER" part of the application. When viewing the registered information when searching for a name and I see it already taken or a portion thereof is taken. I notice near bottom of the information page a place that says: DISCLAIMER... sometimes something is in that space and sometimes nothing is... What does that mean.... DISCLAIMER...
Can the gym claim I dont have a right to use he name

Can the gym claim I dont have a right to use he name

In Domain Names    -  updated on 12/15/2010
I developed a workout while I was working in a gym. I taught the class there. Now I want to teach it at other gyms and trademark it. It is totally my workout.
claim

claim

In Branding    -  updated on 11/12/2011
me enviaron una tarjeta, para que reclamara que. el veneficio anual q nos envian por hacernos un chequeo medico
Trademark Claims on Social Media

Trademark Claims on Social Media

In Trademark Disputes    -  updated on 3/12/2013
I've recently had a Facebook page and Twitter account removed due trademark complaints even though we own the Australian registered trademark. Our mark was registered in December 2011 - Web advertising services - Class 35. The complaining party has been operating a sales/affiliate web site since 2008 under another name and apparently decided to change their name to match our trademark in 2012. They applied for registration of the same name in July 2012 with a very similar description in Cl...
2(f) Disclaimer Trademark

2(f) Disclaimer Trademark

In Trademark Registration    -  updated on 7/22/2012
Hello - My question is my trademark is for example Gift Sets which is marked 2(F) by the U.S. Patent and Trademark Office. This designation means that there are potentially descriptive uses of this term or phrase, does that mean even though I have a registration number from US Trademark office, but that Trademark doesn't mean anything to me, for my website selling gift sets? Does space in the trademark mean anything like for example If I wanted to register GiftSETS or GIFT SETS are ...
Amendment on Claims

Amendment on Claims

In Branding    -  updated on 11/30/2012
Hello, I seen the video on claims on your website, but what if we have our last chance to correct our claims to our pending patent? Since we have to do an amendment, can we add information to explain our claim of invention to the uspto examiner? Any information on this would be greatly appreciated.
Trademark Infringement - abuse or real claim ?

Trademark Infringement - abuse or real claim ?

In Trademark Disputes    -  updated on 5/21/2015
Hi all .. I have been threatened with a UDRP . Example of situation : My Domain : building-houses.com Registered Trademark : buildingyourhouses (one word only) Am I infringing on this guy's trademark ? yes or no ? I know I should contact a lawyer, and I will do that but, I had to ask everybody .. The rules of the trademarks don't seem very clear to me at this point ... help?!?
Trademark Infringement - abuse or real claim ?

Trademark Infringement - abuse or real claim ?

In Domain Names    -  updated on 5/21/2015
Hi all .. I have been threatened with a UDRP . Example of situation : My Domain : building-houses.com Registered Trademark : buildingyourhouses (one word only) Am I infringing on this guy's trademark ? yes or no ? I know I should contact a lawyer, and I will do that but, I had to ask everybody .. The rules of the trademarks don't seem very clear to me at this point ... help?!?
Results for claim number T0838087-5

Results for claim number T0838087-5

In Trademark Office Action Responses    -  updated on 10/10/2015
The outcome of the accident claim number T0838087-5 with ACCC Insurance Co .name Gregoria Flores on 07/13/2013.
Can I claim a trademark that says, abandoned/failed to respond and/or cancellation section 8 ?

Can I claim a trademark that says, abandoned/failed to respond and/or cancellation section 8 ?

In Trademark Office Action Responses    -  updated on 12/9/2016
I have a name in mind for my business. I searched it two trademarks displayed the names are either abandoned/failure to respond or cancellation section 8. How do I proceed to acquire those names?