Patents & Trademarks Questions for vs

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Trademark vs Domain Name

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...
Statistics USPTO vs. WIPO

Statistics USPTO vs. WIPO

In Trademark Registration    -  updated on 11/11/2009
Hi, I´m a knowledge economics researcher and, making some graphs, I found that the numbers of trademarks registered are quite different in the USPTO and in  the US row of the WIPO -the difference isn´t based on the register office, or the Madrid System, as far as I know. The former data seems better, but it only goes back to 1974. The WIPO information, conversely, starts in 1883. So
a) Can somebody share with me the numbers of trademarks registered by the USPTO in the peri...
Trademark Vs Copyright

Trademark Vs Copyright

In Copyright vs. Trademark    -  updated on 11/11/2009
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.
...
ME vs Hasbro...what should I do

ME vs Hasbro...what should I do

In Famous Marks    -  updated on 11/11/2009
[REDACTED]
Word Mark vs Logo registration

Word Mark vs Logo registration

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

What do experts recommend: is it better to register a simple word mark without illustration, or full logo with complete design solution?

In the first case you can leave space for an eventual logo change, and in second case you protect your specific logo design solution.

Hope you understand what i want to ask..!

Thanks
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.
US trademark vs Canadian trademark

US trademark vs Canadian trademark

In International Trademarks    -  updated on 11/11/2009
   


Posts: 1
 A US Trademark VS Canadian law
? on: Oct 27th, 2006, 2:37pm ?  Quote  Modify  

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Would you be able to advise me about protecting my trademarks:  Twenty years ago we trademarked our marine detailing company.  I developed a line of cleaning products that has a brand trademark.  The trademark encompasses both detailing and product b...
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...
TM trademark vs ?

TM trademark vs ?

In Can I Trademark it?    -  updated on 11/11/2009
I know ? is for registered trademark, when can TM be used. If you register a business as an LLC, are you automatically able to use TM? If you do not register the business and an LLC but uses the brand under the LLC, is there a way to use TM without registering with the government? Do you need maybe DBA as the LLC maybe or once you create the brand, it is automatically usable as TM?


Use of a creative series vs a single creative work - Who has trademark rights?

Use of a creative series vs a single creative work - Who has trademark rights?

In Trademark Ownership    -  updated on 11/11/2009
Okay...  I'm trying to determine which of the following two companies has superior trademark rights for two very similar products with very similar names.

Company A began selling a single creative work in 2005, but did not attempt to register a trademark.

In 2006, Company B began selling a very similar series of creative works with a source identifier that would probably be deemed confusingly similar to the title of Com...
Dead marks - Abandoned vs. Cancelled and a few other issues

Dead marks - Abandoned vs. Cancelled and a few other issues

In Expired Trademarks    -  updated on 11/11/2009
I have a small screen-printing business that specializes in creating and reproducing old and
nostalgic designs from various sports.  One of these is skateboarding and I have some designs based
on long gone and demolished skateparks.   

I have searched the TESS site and found the trademarks are dead.  Some are cancelled and some are
abandoned.  All the parks were built in the around 1978 and closed in 1981, and bulldozed around
1982.&nbs...
Registered Trademark vs. domain name

Registered Trademark vs. domain name

In Domain Names    -  updated on 11/11/2009
Hi,
In September 2004 I opened website specialzing in products for certain animals.  5 Months later as I was browsing related sites, I noticed that it looks like a Canadian has registered  a trademark for a line of products for these same animals.  The trademark matches my domain name.  They sell their products online under another domain name.  Their products are very different than mine, even though they are for the same animals.  Am I infringing on anythin...
Federally Registered Mark vs. Prior use without re

Federally Registered Mark vs. Prior use without re

In Trademark Disputes    -  updated on 11/11/2009
Can someone who uses a mark in commerce, but doesnt register it, sue another party for trademark infringement due to the other party's (defendant's) use of the same mark (that the defendant has federally registered) on the theory that plaintiff's date of first use pre-dates the defendant's?  OR

Is there some sort of post-registration protest procedure that the plaintiff can use to establish thier date of prior use and cancel the defendant's federal registration
First Use vs. First to File

First Use vs. First to File

In Trademark Disputes    -  updated on 11/11/2009
My company has applied for a trademark and subsequently, another company within the same International Class has filed for a similar trademark application.

Our application has been Published for Opposition and the subsequent filer's application has been suspended due to the status of our application.  The subsequent filer has contacted us to possibly obtain a consent for their application to be finalized.  They have stated in their application that they first used the tradema...
trademark vs word mark

trademark vs word mark

In Can I Trademark it?    -  updated on 11/11/2009
What's the difference between a trademark and word mark? Can a name that has been word marked, sell products under that name or is a trademark required?
thanks in advance for the advice!
Logo vs. Text ? Multiple classes?

Logo vs. Text ? Multiple classes?

In Logos    -  updated on 11/11/2009
Greetings. Thanks to all the forum members -- it's been a great read.

My new company (less than 1 yr on sale) is ready to tm our brand name. I am a little unclear about classes and the purpose of multiple classes.

We sell cosmetic products, and our brand name is two words, "BRANDNAME MAKEUP". It is my understanding based on my readings, that if I register "BRANDNAME MAKEUP", then other makeup companies can not use this brand name. So far so good?

Now, ...
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...
TM vs SM

TM vs SM

In Domain Names    -  updated on 11/11/2009
Say someone has a domain, and the website will be used as a service for the public, but will eventually sell stationary with the company's logo on it.  I once read an attorney's statement saying "SM" isn't necessary.  Is this true?  Is it OK to only use "TM" on this website next to the logo and phrase since most people recognize TM quicker than SM?  Does it truly matter???
Patent Vs Trademark

Patent Vs Trademark

In Can I Trademark it?    -  updated on 11/11/2009
How do I know if I should patent or trademark my idea?
Also, for example, if I come up with a new type of base ball jersey woud it (the name or type of jersey)  be required a patent or trademark?  
Trademark vs Servicemark

Trademark vs Servicemark

In Service Marks    -  updated on 11/11/2009
Hmmmm... that is the question... or is it?

M'kay - here's the deal...

I'm a landscape designer and overall plant geek who has plied his trade as a self-employed consultant - first as a a DBA - then as things took off and got better, as an LLC...

Now, I want to also add to my success thingie by growing and selling some of my own plants...

So where does my idea of Servicemarking my business name end and Trademarking my thing overlap?  Or does one sorta overlap -...