Patents & Trademarks Questions for used

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How to prove that mark is not being used?

How to prove that mark is not being used?

In Expired Trademarks    -  updated on 11/11/2009
I apologize if this topic has been covered!  I tried to register my trademark in 2005 ( I had used the name in commerce a year before attempting to register).  I was notified that another company had a similar name in the same industry (likelihood of confusion) and my application was rejected. The owner of the other trademark had hers registered June 2006.  She contacted me and offered to sell me the trademark because she was "tired" of this business and may be sellin...
ITU REFUSED EXamAtty assumedwrongly thatPROPOSEDmarkIntendedFor ANTIQUE BOOKS!!!

ITU REFUSED EXamAtty assumedwrongly thatPROPOSEDmarkIntendedFor ANTIQUE BOOKS!!!

In Copyright vs. Trademark    -  updated on 11/11/2009
ITU appliled for and REFUSED for descriptiveness because EXamAtty speculated on what my ACTUAL proposed goods were going to be and the goods he referenced in the Office Action are over seventy-five years OLD!!!

First of all.  If you are reading this, thank you so much for your interest.  And if you are commenting on this odd-ball problem, thank you so much for your time.

I am a bookseller.  I sell rare books.  Along the way I discovered an auth...
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.
I used a term that was trademarked on a shirt....oops. now what?

I used a term that was trademarked on a shirt....oops. now what?

In Trademark Disputes    -  updated on 11/11/2009
Long story short. I own a wrestling organization (think WWE on a much smaller scale). We have created "characters" for the wrestlers... and one of the wrestlers we have a tagline that they use. We printed this tagline on a shirt for resale.
The shirt is one of our best sellers. We didn't think to look into whether or not the tagline/combination of words was trademarked... but it is! Oops.

Anyway, we got the cease and desist letter from them (a very informal emai...
Trademark a book title also to be used for video, presentation, seminar, etc

Trademark a book title also to be used for video, presentation, seminar, etc

In Can I Trademark it?    -  updated on 11/11/2009
I started some blogs to register a copyright for a book title, but found out that titles cannot be copyrighted, only trademarked. So now I published various variation of the book title:
http://kuala-lumpur-legacy.blogspot.com/
http://kuala-lumpur-legacy.blogspot.com/2008/06/i-have-dream-to-leave-legacy.html...
Confused with the process

Confused with the process

In Trademark Registration    -  updated on 11/11/2009
Id like to thank you in advance for helping me. I have contacted the USPTO to start a new application to register a trademark for my company name. Ive been getting conflicting answers and the run around am Im having a hard time making a decision on what I need to do.

First, Im trying to double check on something.

For Example: If I want to Trademark my name "Dollar Industries" and other names with "Dollar" in it comes up but no names marked as "Do...
First Used in Commerce - When product manufactured and shipped to seller?

First Used in Commerce - When product manufactured and shipped to seller?

In Trademark Registration    -  updated on 11/11/2009
Thanks for the answer to my previous question about DOFU and LLC.

If I will be trademarking a series of DVDs that I have produced out-of-state, can I claim DOFU as the first date that I transmitted the DVD data (the actual video plus art for the case, etc...) to the production facility?  The data is transmitted via internet, and as soon as the production facility receives it, they also list the DVD for sale on their website's e-commerce webpage.

Or, do I need t...
Using a business name already used abroad

Using a business name already used abroad

In International Trademarks    -  updated on 11/11/2009
I have a quick question.  I have a name for a cycle tour company I intend to start in England.  The name is great, but it is already used by a bike shop in Canada.  There is no geographical or business overlap in what each company does, and the domain name I want is available.  However, is this legal to do, or could I be sued by the Canadians?  I do not know how to check if they have registered this as a trademark under Canadian law?  If they haven't, does this a...
Trademark question intent to use vs used based

Trademark question intent to use vs used based

In Trademark Ownership    -  updated on 11/11/2009
Party A - filed an intent to use TM application on 1-30-07
Party A - Has a State TM approval on 2-9-07
Party A - is in the Notice of publication process
Party B - filed a use based application on 3-23-07 stating used in commerce on 1-23-07
Party B - application is suspended by USPTO "action on this application is suspended pending the disposition of Party A application"

Does this mean party A will not prevail because of party B stating use of commerce 1 week prior...
Principal Register refused as merely descriptive

Principal Register refused as merely descriptive

In Trademark Registration    -  updated on 11/11/2009
I recently applied for registration of "Legal Reader" [standard character claim] on the Principal Register for Intl Class No 041  [On Line journals, namely, blogs featuring legal news, legal developments, or legal issues].  I operate a weblog using that name.

Recently the PTO sent me a preliminary refusal because the examiner found Legal Reader to be "Merely Descriptive" of my blog.

The examining attorney invited me to dispute the refusal with evide...
Trademark refused - Likelihood of Confusion

Trademark refused - Likelihood of Confusion

In Trademark Office Action Responses    -  updated on 11/11/2009
So it is three days after the USPTO attorney emailed me my rejection notice and I've recovered enough to start digging for evidence to prove that my mark is different from the opposing mark (I have 6 months to do this), but I have a few questions. I really just want to get a grasp of the likelihood of my being able to successfully defend my mark.

Example marks:

My mark:  The Star Unique Treasures Shop
Their mark:  Star Art


Questions:<...
trademark of goods used for service

trademark of goods used for service

In Service Marks    -  updated on 11/11/2009
Is it possible to use the same wording for a trademark that has been registred for Goods and services in class ( IC009) for another service class (IC038 or IC039)?

is it possible to use a logo with the same words as used in an existing trademark for a IC009 class,  in  another service class?

thank you
Trademarked name used for other purpose

Trademarked name used for other purpose

In Branding    -  updated on 11/11/2009
Hello,

A few years ago I trademarked a name with someone else for a certain product which has been selling.

The co-owner of the trademark, without my knowledge decided to use the name but follow the name up with the word "program", thereby changing the overall name slightly (I guess).

I will give you an example.  I came up with the original trademarked name, by the way.

Anyway, let's say the name was Turtle Soup Faucets.

He has created now Tu...
Confused by trademark issue

Confused by trademark issue

In Domain Names    -  updated on 11/11/2009
Hello,
There is something I dont understand about TM's and I really wish to know.
I hope my question does'nt sound dumb and that someone can give me a clear answer on this. I want to register a domain name AUTOLAND which is still available under a particular extension. I wish to then park it to earn parking revenue of it and perhaps sell it if someone offers me a good price for it.But I donrt want trouble and if I might get trouble I wont register it..That's why I am posting this here. ...
products used in training video

products used in training video

In Trademark Ownership    -  updated on 11/11/2009
I want to produce a training video for a software title and a compnion piece of communications hardware. I have no affiliation with the manufacturer of the HW/SW but have extensive knowledge of the products. I am looking to provide basic training to companies who use thie HW/SW via a DVD. Will I be infringing on the manufacturers copyrights or trademarks by showing screenshots of the software or their logos on the hardware or software screen shots or mentioning their name verbally in the prod...
TM used in website name/domain

TM used in website name/domain

In Domain Names    -  updated on 11/11/2009
Hi, I've just launched a website providing information in a very specific field and named "great siesta" (fictional).

The word "siesta" (fictional) is a registered trademark of another firm which also provides information via the internet but on a different subject (currently there is not likehoold of confusion). This firm was created some years ago and his site is not so popular. It's not very probable that this firms will expand the subjects covered by its site ov...
What if a dead mark is reused by original owner?

What if a dead mark is reused by original owner?

In Expired Trademarks    -  updated on 11/11/2009
I currently have a trademark registered for a comic book title (character and title are the same) that I self publish and sell.  I filed for the application myself and was awarded the trademark even though another company had a registration that was virtually identical but was listed as Dead (Cancelled).  I assume that the other company had let the mark?s registration lapse and didn?t object when mine was filed for opposition.

Prior to registering, I did some research and fou...
Confused...Can I Use this domain

Confused...Can I Use this domain

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

I have booked a .us domain ( say jobsabc.us ) and now noticed that there is a very popular domain with the same name but with a .com extension ( say jobsabc.com ) ...

I am sure the .com domain would have been trademarked....

if yes, can I use this domain with .us extension

I am very confused, Please Help



Thanks


- Sandeep
currently used by a company but not registered.

currently used by a company but not registered.

In Can I Trademark it?    -  updated on 11/11/2009
There's a voice over ip company that started around 2 years ago, they're not a corporation they're an LLC, the name they used for their products isn't registered as a trademark.

What would most likely happen if I register this as my own trademark?
Can a Trademarked name be used as a

Can a Trademarked name be used as a

In Trademark Ownership    -  updated on 11/11/2009
The subject pretty much states my question.  Can you use a trademarked name as a keyword in say like an online auction if the actually item your are selling does not infringe on any trademark issues?  Or does that in turn cause confusion in which you could be liable?  Thanks!

-matt