Patents & Trademarks Questions for trademarks

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Trademarks and Patents

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
DEAD Trademarks; Reuse?

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?
Totally Clueless about Trademarks

Totally Clueless about Trademarks

In Can I Trademark it?    -  updated on 11/11/2009
For arguments sake, lets say there is an active trademark for the words "Lame Duck".  They sell pictures of lame duck presidents.

And I am planning to call my LLC "Lame Duck Enterprises LLC".  And I would like to create a brand and logo.   The logo will be of a duck with a broken leg and perhaps somewhere in the logo the words "Lame Duck".  My business would be an online service on how to take care of injured ducks.
 ...
Newspaper Trademarks

Newspaper Trademarks

In Trademark Ownership    -  updated on 11/11/2009
I was wondering if someone could help me out ... Does anyone know a site/resource where I could find a list of trademarks a newspaper/publisher would have? Other than the obvious (e.g. name of paper, color scheme etc). I'm just trying to get some type of thought process going ... Thank ya'll so much! Becca
Use of Trademarks on Internet

Use of Trademarks on Internet

In Trademark Disputes    -  updated on 11/11/2009
Can a software supplier eg Microsoft, Google, etc stop you using their trademark in word or pictures to ensure that only their licensed training courses take place by blocking use of key words and images. Secondly can the software company retrospectively seek damages by requiring information on the extent of activities relating to courses run using that trademark ? are their any examples I can read about

John CAulfield
Trainer
Can registered  (R) mark be used with state trademarks ?

Can registered  (R) mark be used with state trademarks ?

In Trademark Registration    -  updated on 11/11/2009
Question: Can registered (R) mark be used with state trademarks ?
Example: Website displays (R) with a state trademark.
The geography of trademarks

The geography of trademarks

In International Trademarks    -  updated on 11/11/2009
Hi,
I'm the founder and boss of an online business in the field of IT services: it's based in Europe but with worldwide reach. We have NOT yet registered our mark.

Some weeks ago, searching with google, I discovered a firm active in the IT field with a very similar name. It's a micro-firm based in Australia without any business abroad. Of course they have a website but their business is not an online business: their market is in fact a regional one. They have NOT registered their tr...
Artist VS Trademarks

Artist VS Trademarks

In Trademark Disputes    -  updated on 11/11/2009
Can anyone think of a case or situation where it was found that an artist did infringe on a trademark or was guilty of trademark dilution?

The closest thing I can find is A coke /Cocaine classic sign. Not something I consider to be technically art though, I'm thinking portraits and still lives and landscapes. Jason Swain seems to possibly be targeted by lawyers for trademark infringement.
Experience of domain name trademarks ?

Experience of domain name trademarks ?

In Domain Names    -  updated on 11/11/2009
Hello,

Following on from my previous posting on domain name trademark registrations has anyone had experience of
registering a domain name as a trademark expecially .com names ?.

I am a new business start up and looking to register more than one name over the coming 12 months and need any
advice which will help me do so as effectively and cheaply as possible.Initially i will be registering just the .com name but
at a later date extending them to global ...
Trademarks criteria and online filing

Trademarks criteria and online filing

In Trademark Registration    -  updated on 11/11/2009
First, I'm asking a bit of guidance regarding online filing of a trademark...
I have done all my provisional filings (patents related) through e-filing and have found the patents forums much of a help. I hope you can similarly assist me.

How do I go about it? What is the link? What material do I need to prepare? What is the extend of the jurisdiction of that filing (international, US local, etc.)?

Secondly, I was wondering about the "criteria", for la...
Clubs, trademarks, and splinter groups

Clubs, trademarks, and splinter groups

In Trademark Disputes    -  updated on 11/11/2009
I've done some searching of this forum, but can't find anything very close to my scenario, so I'm posting the following in the hopes of getting a sanity check before looking to hire a lawyer.  I've tried to lay out an analogy to the actual facts as objectively as possible.  Imagine the following sequence of events:

1. An individual forms a club several years ago (we'll call the foundation of the club Year 0), originally consisting solely of himsel...
Generics in trademarks

Generics in trademarks

In Trademark Disputes    -  updated on 11/11/2009
There have been several threads here with the same basic question: a business wants to trademark a name that includes some generic terms, or wants to sue a rival for using similar generics in a business name.

http://www.boston.com/business/articles/2008/06/19/judge_says_a_duck_tour_is_a_duck_tour/

Quote
J...
Well known trademarks

Well known trademarks

In Famous Marks    -  updated on 11/11/2009
Can somebody explain me, what are the criterias to consider the trademark- well-known.

If I, for example, would like to register the trademark NIKE or COCA COLA for q-tips or toilet paper, would I risk that Coca Cola or Nike will take away the trademark from me in the future, just because it is well known mark?

Thanks.
non-traditional trademarks in software

non-traditional trademarks in software

In Trademark Ownership    -  updated on 11/11/2009
I came across an interesting article in the WSJ today entitled "Shape of Things to Come" about how Apple has leveraged its portfolio of design patents/advertising to get non-traditional trademarks on the shape of the iPod and other 2 dimensional iPod symbols. 

Makes me think what kind of tnon-traditional trademarks can a software company apply for that doesnt manufacture any 3-dimensional products.  Any ideas??
Universities in the dark concerning their own Trademarks!!!!

Universities in the dark concerning their own Trademarks!!!!

In Trademark Ownership    -  updated on 11/11/2009
My question, that no one seems to be able to answer concerns University Trademark infringement. Here's the problem. Most universities out source their trademark licensing for products to be marketed, T shirts, caps, cups etc. My problem is that I do not wish to sell product. I have a website that is a discussion board such as this. We are looking at starting a board for university students, alumni and faculty. I merely want to use the university name or logo to identify that they are in ...
Can link pages maintain trademarks for Class 35?

Can link pages maintain trademarks for Class 35?

In Trademark Registration    -  updated on 11/11/2009
Hello, I'd like to know, if a link page like http://www.sellcandles.com/ can be used as the basis for a trademark application or maintain a trademark for Class 35, which is:
 --------------
FROM USPTO WEB SITE:
This Class includes, in particular:
the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase th...
combining common word trademarks

combining common word trademarks

In Can I Trademark it?    -  updated on 11/11/2009
I am looking to start a comic book.  The two main character, since I thought them up had simple names, and I always just thought up the title with those two names.  Let's use marvel comics Angel and dc's Robin. 

So, Can I trademark the title "Robin and Angel"?


second, marvel and dc own the tm on "superhero", I figre I could use super crime fighting heros, but is there any other way their "ownership" of the wor...
Problems with trademarks of other companies

Problems with trademarks of other companies

In Famous Marks    -  updated on 11/11/2009
Hi,

I've got a question regarding the usage of trademarks of other firms. If I use e.g. the name "Coca Cola" to advertise for my own restaurant ("We only use Coca Cola in our restaurant"), must I mark the name Coca Cola with the registred-symbol? And if I have to mark it like that, what is the reason therefor? Is there a ? in the law or is it case law?

Or is it basically illegal to use other tradem...
Superhero name trademarks

Superhero name trademarks

In Expired Trademarks    -  updated on 11/11/2009
I was wondering if I would be able to trademark a super hero name that is not being used anymore and the trademark has expired.

For example, say "Superman" did not have a trademark anymore, would I be able to trademark the name?

Also, would there be infringement if the spelling was different from a trademarked name, ie spydrman vs. spider-man?

Thanks.
Descriptive trademarks?

Descriptive trademarks?

In Trademark Registration    -  updated on 11/11/2009
I started a business two years ago and came up with a catchy name and slogan. It is very descriptive...... similar to Coca-Cola or Bank of America.

I made a composite mark or stylized logo name and slogan in the form of a picture with the slogan in quotations. I placed the tm on the picture and have had it on my website since the beginning. Obviously the website displays the copyright.

In print I cannot use the picture of the name and slogan so I just use text.