Skip to main content
Kenneth Leo Kunkle
Avvo
Pro

Kenneth Kunkle’s Answers

25 total

  • 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.

    See question 
  • 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.

    See question 
  • 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,

    See question 
  • 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/

    See question 
  • 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

    See question 
  • 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.

    See question 
  • Do I need licensing to sell college trademarked items?

    Can i sell college logo conchos I own without licensing? Can I add the conchos to belts and sell the belts?

    Kenneth’s Answer

    Generally all use of professional teams, college, high school, and other emblems will require licensing. While there are some exceptions, I would recommend have a private consultation with an attorney of your choosing before moving forward.

    See question 
  • Can I use a phrase that is trademarked as a print on fabric?

    I do not want to change the name of my company to the trademarked phrase, however, I want to use the phrase as a print on fabric.

    Kenneth’s Answer

    While your questions would require specific information about what you are proposing, generally, your company name and trademark do not have to be the same. Many companies use trademarks that are not the formal business name and in fact this is a common practice. The heart of the issue is whether consumers of your product will identify the product as originating with you. The second issue is whether the use of a trademark on fabric is a trademark use, or merely ornamental. I recommend discussing this directly with a trademark attorney who can view your specific circumstance and help guide you to use of your mark in a manner that will give you the greatest protection.

    See question