Patents & Trademarks Questions for question

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Registered Trademark - Questions about infringement

Registered Trademark - Questions about infringement

In Trademark Disputes    -  updated on 11/11/2009
hopefully maybe somebody can shed some insight to these questions we have - and we, we know, contacting an attorney about situations is always the best, but right now we're just trying to elevate our knowledge.  Here's our questions:

1.  When another business entity is using the trademark business name, but we found after the fact, was doing so before we started using it/registering it, we understand that they are allowed to in their geographical location. ...
I received my NOA...I have a question or 2 or 4 or 10

I received my NOA...I have a question or 2 or 4 or 10

In Trademark Office Action Responses    -  updated on 11/11/2009
Let me preface this with I apologize for asking what may be EXTREMELY obvious to others on this site.

I received my NOA for the application that I placed for a Registered Trademark. According to the letter I am to put in place the trademark. I applied to use it on Clothing, T-shirts, Hats, etc. and additionally adhesive notepads.

I am not to use the Registered Trademark logo correct? ( ? ) If that's not used then how is my trademark protected? It's my understan...
California Trademark Question

California Trademark Question

In Trademark Ownership    -  updated on 11/11/2009
I have a question regarding California Trademark Law.  I was reading Stork Restaurant v. Sahati 166 F.2d 348 and I am trying to find where original owner is now defined in the California Business and Professional Code, as it was in section 14400.  However, 14400 was repealed and cannot find anywhere where original owner is now defined.  Anyone know which statute it is defined in, or if it is defined somewhere?  Thanks!
NBA/NFL Copyright Question

NBA/NFL Copyright Question

In Famous Marks    -  updated on 11/11/2009
Hi, I am wondering if it's legal to make a shirt that reads "Spurs" or "Pacers" or even "Bryant" without directing referencing the NBA.  Is the word "Spurs" copyrighted? 

How about "SA SPURS"? 
Starting a Clothing Line....trademark questions...

Starting a Clothing Line....trademark questions...

In Branding    -  updated on 11/11/2009
am in the process of starting a clothing line. For my scenario i will use Cheese and Ham as the company name and CAH as the logo.
Lets say i have trademarked Cheese and Ham, and i want to use it on a t-shirt. Do i have to now trademark specific designs i want to use incorporating the words Cheese and Ham, or does simply having Cheese and Ham in the design on the shirt keep it protected? And also, can i use Cheese and Ham on my shirts in a generic font style like something from a word pro...
Open question regard a trademark calendaring and monitor service

Open question regard a trademark calendaring and monitor service

In Trademark Monitoring    -  updated on 11/11/2009
What other service would you like to see in a trademark docketing and monitoring service aside from:

  • Docketing engine with 4 reminders for every action at the USPTO
  • Similar trademark application and registration review
  • Similar domain name review
  • Search engine textual advertising review
  • TTAB item docketing

Should we add Ebay review for consumer products? Should we add another search that ...
Facebook trademark question

Facebook trademark question

In Trademark Ownership    -  updated on 11/11/2009
I recently looked up Facebook's trademarks on the USPTO site, and I was suprised to see they marked the word "facebook" but not the actual logo they use on the site www.facebook.com in fact they do not even have the TM symbol anywhere on the logo either.

So my question is, can you make a similiar logo? Colors and fonts?  for instance if you had the name "Facedate" could you make it look exactly like...
Question on using a major auto manufactors logo in my online store???

Question on using a major auto manufactors logo in my online store???

In Branding    -  updated on 11/11/2009
I have a new online store for the sale of Auto Parts that I manufacture and to make navigation easier I would like to use the logo of the actual vehicle manufacture as the button so the site looks better.   For example if they wanted to look for parts for their ford they would click on a ford logo, etc.


Here is what I currently have at the bottom of all my webpages.

Quote
Car Manufacturer 1?, Car Manufactur...
A few question regarding electronic filing

A few question regarding electronic filing

In Trademark Registration    -  updated on 11/11/2009
I have gone over the process of the e-filing, specifically of the TEAS form as I require a definition of a class which is not listed among the classes for selection.

Since I wish the trademark will cover as large a scope as possible, yet also limited in funds (each addition of a class increases the fee), I want to make sure that during prosecution I will be able to add classes which I desire the trademark to cover. Is that the case, or would an additional filing be required? If the...
Trademark question!

Trademark question!

In Trademark Disputes    -  updated on 11/11/2009
I have registered a name with the county i reside in.  I recently jumped online and noticed there was another company using the logo i was interested in using.  The company's name is Xtreme Oxygen and they use the logo XO2.  This company is located in England and sell surfing clothes.  The company I registered is called Xtreme Air Industries.  As I know i am not allowed to use their logo because i would be breaking rules.  But other than that im I doing anyt...
Trademark questions

Trademark questions

In Trademark Registration    -  updated on 11/11/2009
Hi

I have filed two trademarks on my own and I have few questions to ask.

1.  Is it better to have  trademark under your name or companys name?
     If its better to have company own the name , then how do i change it because when i file the trademark, i put down my own information.

2. International Class: 028 ;Class Status: Active ;Collectible  action Figures; Basis: 1(b)
    Is there a time limit to change Ba...
Petition for cancellation questions

Petition for cancellation questions

In Trademark Registration    -  updated on 11/11/2009
I'm putting together a petition for cancellation against the trademark for a computer game, and I have some general questions I could use some help with before filing. I'm doing this alone since I can't afford to pay a lawyer, and I just want to have a few things confirmed by someone with experience.

1. My main claim is that the mark (registered for ~20 years) is generic. I know that a consumer survey is the most helpful tool for proving genericness, but I don't...
Trademark Questionable Case

Trademark Questionable Case

In Someone is copying my Trademark, what do I do?    -  updated on 11/11/2009
I have a friend who has owned a domain name for the past 15 years.  It's the name of a major city - also the same name is used by a national clothing company.  Through the years the clothing store has openly advertised on my friends website.  Recently they offered to buy the domain for far less than it's worth.

My friend didn't want to sell so now they are suing my friend for Trademark infringement.  Sounds like a case of taking what doesn't ...
TM questions from new business owner

TM questions from new business owner

In Can I Trademark it?    -  updated on 11/11/2009
great forum. I have a few questions that I was hoping someone here could help me out with. I am new business owner and we would like to trademark our name as it is an outdoor clothing/equipment company. I'll try to make the questions as simple as I can to save read time and space.

1. First, our name has been trademarked by another company within the last month and a half (great feeling 
A few ??

A few ??'s Image trademark question

In Can I Trademark it?    -  updated on 11/11/2009
Can you trademark an image such as e.x a square? If you want to TM a square where would you go to see if the "image" not the word is trademarked. I want to trademark an image and use it for clothing and other items, what should i do?? any adive or help im new to the world of trademarking, i just read up on some stuff about it is it easy or hard?
Composite Trademark Question

Composite Trademark Question

In Trademark Ownership    -  updated on 11/11/2009
What if a current trademark exists for a company and their name is similar to mine and the industry (category) is the same?

For example (I have used FICTIONAL names for sake of example):

If their company name is New York Publishing Group and my name is York Publishing, Inc.  and their trademark has the following:

Word Mark:  NYPG New York Publishing Group

Mark Drawing Code:

   (3) DESIGN PLUS WORDS, LETTERS, AND/...
Procedural question about substitute specimens

Procedural question about substitute specimens

In Trademark Registration    -  updated on 11/11/2009
Trademark specimens are sometimes objected to, e.g. as "mere advertising material."  A common procedure is to file a substitute specimen that meets the specimen requirements.  However, filing a substitute specimen requires an assertion that the specimen was in use at least as early as the original specimen.

Question: What is the easiest way, procedurally, to file a substitute specimen having a later date of first...
help, please! questions re: trademark categories + trademark vs. patent

help, please! questions re: trademark categories + trademark vs. patent

In Can I Trademark it?    -  updated on 11/11/2009
i have an idea (and hope to start a business pertaining to that idea!) for selling a type of product where a portion of the proceeds are donated to charity (i recognize that aspect is not novel!). there is no trademark currently listed (or expired) for the name i have selected for this product. (i have already purchased the websites)

1. do i file a trademark or patent? (and can i protect the idea + the name...or both?)
2. do i file under the category of the actual product or t...
Other party will not fully and truthfully answer questions in interrogatories

Other party will not fully and truthfully answer questions in interrogatories

In Trademark Disputes    -  updated on 11/11/2009
We've finally gotten a (very late) response to our interrogatory questions for our trademark opposition.

  The applicant, who's trademark we are opposing, has stated that ALL of our questions are vague and irrelevant and will not give complete, honest answers. 
 They have objected to every single question in our interrogatories.

 
Every reply begins with "Objection: This request seeks irrelevant information and is not reaso...
Please clarify a question about pseudo-marks

Please clarify a question about pseudo-marks

In Trademark Registration    -  updated on 11/11/2009
Hello, everyone.  Since it appears to be a fairly quiet week on the TM forum, I'll take a moment to ask about what seems to be a fairly mundane TM topic: the pseudo-mark.

My limited understanding of this issue is that a a pseudo-mark is issued anytime a mark could be read differently from how it is spelled in the application, to allow for more accurate searches.  (For example, the mark "2 L8" might be issued the pseudo-mark "too late".)  &nbs...