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Kenneth Leo Kunkle
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Kenneth Kunkle’s Answers

28 total

  • I bought some pair of glasses from outside the united states and got it shipped through a carrier but was seized by customs

    with the fact that theres a trademark violation,what do i do?though the carrier told me i can appeal but this is strange to me because its the first time this is happening.pls give me an answer.thanks

    Kenneth’s Answer

    Federal registration of a trademark has a major benefit in that it allows the registered holder of a mark to ask US customs to be on the watch for infringing products. In most cases this involve importation of knock-off products and the customs group is fairly well versed in spotting such items.

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  • Besides a business license and an "Are you over 18?" checks on the site, what do I need to legally sell eliquid with nicotine?

    I have some flavor mixes that are made in a clean room on-demand. I'd like to sell e-juice for vaping from the US online and I'd like to know if there are any legal hangups for selling nicotine-containing liquid over the internet. It would ship ou...

    Kenneth’s Answer

    Vape sales are regulated at a very local level - sometime 18 is the right age, but in some others it is not. Additionally, how the nicotine is taxed is also a very local issue. I highly recommend you try to find an attorney in your local state to assist you on these business issues.

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  • For a trademark to be a double entendre caselaw states that the second meaning must be readily apparent from the mark itself....

    For a trademark to be considered a double entendre the courts in In Re The Place Inc ( The Greatest Bar) and in re Wells Fargo (EXPRESSERVICE) have stated that the double entendre must be readily apparent from the mark itself without reference to ...

    Kenneth’s Answer

    For the issue to come up in the first place the mark would have to be in danger of being considered descriptive and therefore the nature of the goods or services would have to be known to the potential consumer. However, I don't believe that understanding the 2nd meaning would require knowledge of the goods or services, only that one of the meanings is not descriptive; if the 2nd meaning can stand without such reference it would strengthen an argument of double entendre.
    The reference to other indicia is typically related to packaging and marketing materials, not the product it self.

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  • What's the benefits of filing a trademark with an attorney? What can I expect to be paying for this service?

    I am looking to file for a trademark. However, I am not sure whether I should tackle the situation on my own or hire an attorney. I am considering hiring an attorney, but I also would like to know an estimate of what typical trademark attorneys...

    Kenneth’s Answer

    The long and short is that you get guidance on the best way to register your mark, whether to file a mark, and a host of other details that simply don't come-up if you file it yourself or use a service. The additional cost of having an attorney is a form of insurance - while the attorney cannot guarantee a successful registration, they can definitely ease the process and in some cases save you money in the end by preventing you from filing flawed or unnecessary applications.

    As for costs, you will find they range depending where you are at and what exactly they cover. For example, the government charges a fee to file the application, and this fee can dramatically increase the overall cost depending on how you file the application. In the end, I highly recommend picking up the phone a calling around.

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  • Trademark filed and opposition

    I filed for a trademark and another company filed for the same one 9 days later. They are now telling me they are going to oppose it if we don't abandon it. We have filed it under an Intend to use basis and they are claiming we are not going to us...

    Kenneth’s Answer

    Since trademark rights generally are tied to use, a prior user who has not registered or who has applied after an intent to use applicant is generally said to have prior-use and can seek to block the junior user's registration. That said, whether they truly are a senior user and whether the marks actually conflict is not something that can be answered here.

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  • When submitting specimens with a statement of use filing do I need to submit specimens for each good listed in my list of goods?

    I have about a dozen goods listed, all within a single class. Thank you in advance.

    Kenneth’s Answer

    One per class is sufficient. You can add multiple specimens, but it is generally not necessary,

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  • Is the U.S Army star logo copyrighted or trademarked?

    Is it available for personal use to be on a t-shirt or sweatpants?

    Kenneth’s Answer

    Without addressing your specific concern - you might want to take a look at the following: http://www.defense.gov/trademarks/

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  • Boolean trademark search question

    Is it possible to do a trademark search for all instances in which two marks share a common part with one mark having vita as the first part and the other mark having vitamin instead. For example vitaminwater and vitawater. So instances where one ...

    Kenneth’s Answer

    (vita*)[MI] and then add limitation on goods and services or other criteria

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  • Making treatment claims about a product, Can the FDA order me to stop if Im out of the country and direct selling to clients?

    Im getting all my ducks in a row to get classified as a drug with the FDA but in the mean time I sell it as a cosmetic and do not make treatment claims. I will be moving out of the country and will continue to sell the product to clients via skype...

    Kenneth’s Answer

    Unfortunately, there is no way to answer this online, as FDA and FTC (Federal Trade Commission) are fairly complex and fact specific. This is an area that I would highly encourage you to seek private counsel. My best advice is to not do this one alone. I recommend that you use the Avvo attorney finder to find counsel in your area.

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