Patent Questions For: trademark

Patents & Trademarks Questions for trademark

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Trademarks and Patents

In Domain Names - updated on 11/11/2009

I registered a domain name I am planning on building a website using the domain I purchased. I did a search on the domain and found that the name has a trademark Abandonment Date - two things: 1) Can I trademark this name since it currently is showing an abandoment date. 2)Since I have registered the dot com succesfully a few years back, will this cause any conflicts with the dot org and dot net registrants such as trademark and patent

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Trademark License & Patent Number Agreements

In Trademark Ownership - updated on 11/11/2009

We have a trademark license and patent number agreement that we send to our customers. The question is whether this agreement is necessary. What does an agreement like this give us that the PTO doesn't, when we register our trademarks and patents? What are the benefits of having this type of agreement? Does it give us any more control over the patent or mark? Thank for your help.

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Copyright, Patent, or Trademark?

In Copyright vs. Trademark - updated on 11/11/2009

I have created an idea for a product that I intend on having produced. The product is based on a short (four word) phrase and the four letter acronym based on the phrase. The acronym is going to be placed on a bracelet. I have also considered T-shirts, key chains, and other products. To own the phrase and acronym, should I file a copyright, patent, or trademark? If applicable, what type should I file? I am concerned about filling the proper forms and price (State vs. National?)

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May I name my Distribution Company name after BrandName thats been Trademarked?

In Branding - updated on 11/11/2009

XYZ brand is trademarked.

I want to name my Distribution name: `XYZ Distribution` (not `XYZ Brand Distribution` of course)

Is this legal?

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Trademarking a Logo

In Logos - updated on 11/11/2009

Hello,

Should I trademark just the graphic part of my logo, or trademark the graphic part of the logo with my business name in it as well?

Or would I have to have two different trademarks; one for the graphic, and the other for the business name?

Thank you.

I have attached a picture that gives a basic outline of my logo and what I'm talking about.

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Trademark symbol on logo

In Trademark Registration - updated on 11/11/2009

Hi,

Is it OK to put the trademark symbol on my actual logo instead of beside it?

Thanks,

Kris.

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Domain Name and Trademark Infringement

In Domain Names - updated on 11/11/2009

Interesting,

I have owned a .com for 6 years doing business in my state. I received a complaint for trade mark infringements form a company, that I need to respond too. The complaint has everything under the sun as far as dirty deeds we have committed as internet spammers, conning people out of money acting like we are them.

There is not a shred of evidence on any of the allegations however, I need to respond legally or I'll loose somehow I'm sure.<...

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DEAD Trademarks; Reuse?

In Expired Trademarks - updated on 11/11/2009

Hello. I want to reuse a Dead trademark that is not in use today; cancelled in 2002. I have seen variations of the word for the same product, but no TM, nor is that the same company the origional TM was recorded under. Do I go about registering a new trademark?

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Registering trademark with PTO: procedure

In Trademark Registration - updated on 11/11/2009

Please recommend links to the procedure of registering trademark with PTO. I appreciate your help.

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Alternate wording of a trademark?

In Trademark Registration - updated on 11/11/2009

I'm writing a (goods and services) description for a trademark to submit, and the following questions pertain to that.

1. Do I have to use the word "namely", or can I use alternatives like "specifically" or whatever else best fits the description?

2. If yes, can I just use plain English throughout it all, if the description is brief yet intelligently worded and highly accurate? Is there any technical word I MUST use by official requirement?

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[Trademark] Infringement allegation help please

In Trademark Disputes - updated on 11/11/2009

Hi

I am totally new to this whole deal so please bear with me.

I am the owner of a fishing related business here in the US, called XXXXXXXXXX I sell fishing baits for catfish and carp fishing here in the US.

I recently received an email from a company in the UK called XXXXXXXXX, stating I was infringing on their copyright by calling my company anything that had XXXXXXX in the title.

They also said that as my corporate colors were similar...

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Control of trademarked services

In Trademark Ownership - updated on 11/11/2009

Here's the scenario:

Community group sets up 501(c)(3) corp. to help elderly neighbors by partnering with commercial services and coordinating local volunteers.

Chose trade name which is a local place name plus designation meaning town. We'll call it "Valleybrook Towne, Inc." There is no town of Valleybrook in the area and they seemed to be in decent shape to be able, at least, to acquire secondary meaning in their trade name for tr...

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Registering a Trademark That May Be Protected By Common Law

In Trademark Registration - updated on 11/11/2009

I've been using a product name (mark) in conjunction with an invention I registered with the USPTO in 2007. I've used this mark on my product sell sheet and correspondence. However, because the product hasn't been manufactured, the mark hasn't been used in commerce.

The domain name (.com) for my mark was previously registered and unavailable. After the registration expired last month, I was able to secure the web address this week. Now th...

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Organization Internal Quality Newsletter - Any voilation of trademark?

In Trademark Disputes - updated on 11/11/2009

I do happen to work for an global enterprise, one of the software subsidary ceter happens to have brought out an quality news letter for internal ciruclation named as 'Qualcomm' does it infringe or voilate any trademark with regard to the technology organization 'Qualcomm' poineers in CDMA technology. Any response would be greatly appreciated.

Thanks,
Sam

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Trademark vs Domain Name

In Domain Names - updated on 11/11/2009

Since 1995 I have owned and used in commerce the Domain Name Xxxxx.com (?Xxxxx? is a single compound word). A rather large company has trademarked the same Xxxxx word a couple times, but as part of phrases like ?The Farmer?s Xxxxx?. Their claimed first use is 1993. Now, after 16 years since their claimed first use (in a phrase), this company has applied to trademark the word ?Xxxxx? as a standalone Mark, thus jeopardizing my continued ownership and use in commerce of D...

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Trademark collision

In Trademark Disputes - updated on 11/11/2009

Hi,

We have been doing business over the Internet since we were incorporated in 2001. We never applied for a trademark, but recently went to do it.

In 2004 another company introduced a product by the same name as our company. They have absolutely nothing to do with our industry, and are not competitive in any way.

Are we at risk? or are they? We have a tremendous amount of public records and tax filings showing our corporate name and marketi...

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Filling the US trademark form by myself

In Trademark Registration - updated on 11/11/2009

What is the name of your state (only U.S. law)? Ny ny

Hi i was thinking of filling my trademark form by myself and after speaking to attorneys, they told me it was not a good idea because other parties can see that you've filled the form alone and the chances of them trying to object to your trademark is bigger because they might think you don't have a clue what you are doing. Can you give me your advice on that?

Also, i started filling the online trademark for...

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who owns artwork in trademark license?

In Trademark Ownership - updated on 11/11/2009

I am in trademark licensing negotiations with a t-shirt company. They are creating a new line using my trademark, lets say it's "Born free," and planning on mass distributing it. My question is who should own the new artwork created for the new line? My belief is that the owner of the trademark would have to own the artwork.

Thank you.

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Trademark Vs Copyright

I'm really hoping someone can help me,

Company A: (A UK company) owns a fictional character that was sold to company B: (a US compnay) without compnay 'A''s consent. The US publisher kept the characters visual image but changed the name and registred the trademark however they subsequently went into liquidation, at the liquidation sale another US company bought the copyright (via an assignation but the US trademark had expired) from the bankruptcy auction.
...

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2 Companies. 2 Logos. Trademark Violation?

In Trademark Disputes - updated on 11/11/2009

Company A and Company B are in similar industries.
Company A is based in MD, Company B is based in CA.

Does the similarity of their logo constitute any violation, copyright or trademark, for the second company to adopt this style of a logo?

Does it matter that the font for at least one of the logos is simply a slight modification (stretched) of a popular font on nearly every computer? Just as popular as Times New Roman here.

I thank you for your i...

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