Recently Asked Questions - Trademark Disputes

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trademark questions

trademark questions

In Trademark Disputes    -  updated on 10/16/2012
I own a business. We incorporated New York State 15 years ago. Most of our business over that time has been in New York State, with 5-10% in other locations. Our business name is basically the same as the service we provide. It's as if we serviced televisions and our name was "Televisions, Inc". We commonly go by the name TVI in the industry in our home region. We recently expanded into a new state (where we've done a little work (0.5% revenue) over the years, and are hoping to grow ou...
Who has legal right to a trademark?

Who has legal right to a trademark?

In Trademark Disputes    -  updated on 10/9/2012
Who owns the legal rights to a trademarked product or company name? The person or company who first used it in commerce or the person or company who first registered it with the USPTO? If it is first in commerce does it have to have been also in continuous use?
Common Law trademark

Common Law trademark

In Trademark Disputes    -  updated on 10/8/2012
What do I have to do prove I own a common law trademark?
how long does a trademark name last

how long does a trademark name last

In Trademark Disputes    -  updated on 9/18/2012
how long does a trademark name last
Possible infringement ?

Possible infringement ?

In Trademark Disputes    -  updated on 8/30/2012
Are you aloud to trademark a name if it is already trade marked under a different category than what you would want to trademark it under? for example it is trademarked under fabric but I want to trademark something under clothing. Would there be a dispute with that?
tradmark campnay name

tradmark campnay name

In Trademark Disputes    -  updated on 8/13/2012
Can I use Bephoto as my business name of my compnay, when there is a Be photogrpahy company already has a trademark on that name?
trafemark

trafemark

In Trademark Disputes    -  updated on 8/1/2012
My ex wife owned the trademark, girls on wheels while we were married, do i have any legal right to it now and how long would that trademark be good for, I believe it was trademarked in 2004 or 05. And hoe would go about finding info If I can have that trademark on my name. Rick Hunt
My company name has been stolen, but I think I can get it back

My company name has been stolen, but I think I can get it back

In Trademark Disputes    -  updated on 7/26/2012
Hello, I have been working on a clothing/apparel company called Utmost for about 8 months. We have not produced anything except stickers as promo items, because we have been working on a business plan and our first 3 seasons. Recently, I have run into a clothing company online called Utmost, and found they applied for trademarking the name "UTMOST" as a clothing and apparel company on july 17th, while using a strikingly similar logo as one of our popular stickers. I have an EIN number for my ...
trademark infringement

trademark infringement

In Trademark Disputes    -  updated on 7/24/2012
I have a home-based business, in operation since 1994, registered with the county where I live, and with a business account (DBA account) as ParentLink Info Services. There is a company who called me yesterday, alleging trademark infringement, for a trademark they received in 1999 for the word ParentLink. My question is: can an individual/business be guilty of trademark infringement for a trademark taken out years after that business started, with the business name that included the trademark...
Band name ownership

Band name ownership

In Trademark Disputes    -  updated on 6/23/2012
We have a tribute to the Doors called "Break On Through" I did a search and don't see it listed. A band from the New York are using the same name has been sending us messages through our facebook page that they have rights to the name and that we must stop using it. They don't produce any legal documentation and there is at least one other band in Knoxville TN using the name as well. We also have the domain breakonthroughband.com. What legal rights do we or they have to this name?