Boris Umansky's Answers

A business name is non-english and they hold the TM for the non-english name. Can we use the english name for a business?

You left out a lot of information, and I would encourage you NOTto add it on this public forum, which is accessible to all. Instead, speak to a qualified trademark attorney. As a short explanation, there is a concept commonly referred to as the doctrine of foreign equivalents, which states that a foreign word (from a language familiar to an appreciable segment of American consumers) and the English equivalent of that word may be held to be confusingly similar. This depends on a variety of...

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Do I have a winning case?

The Lanham Act defines abandonment as follows: A mark shall be deemed to be “abandoned” if either of the following occurs: (1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. (2) When any...

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Does my copy write protect me from others using my catch phrase or slogan

Attorney Golab is correct. Copyright law protects original works of authorship fixed in a tangible form of expression. It does not protect names, titles (e.g. of books), or short phrases. See the link below to the U.S. Copyright Office's Circular on this topic. You are likely confusing copyright law with trademark law. A phrase or tagline can, in appropriate contexts, be protectable as a trademark. It must be used in commerce and serve as an indicator of source for goods and/or services....

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How can I know if this song is in the Public Domain?

Whether a particular work is in the public domain can sometimes get messy and complicated. It depends on, among other things, if/when the work was first published, whether formalities were followed, and the country of publication. The below link should provide you with additional, relevant information.

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I want to use a trademarked restaurant name of a stand-alone restaurant in New York for my new restaurant in Wisconsin.

This is a difficult, fact-intensive question, and certainly not one that can properly be answered in this forum. You would be wise to consult a trademark attorney regarding your specific situation. While U.S. trademark rights are created through use of the mark in commerce, such common law rights are confined to the specific geographic area of use. A federal registration on the other hand confers upon the trademark owner a presumption of nationwide rights in the mark regardless of the...

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Registering an unregistered trademark with the United States Patent and Trademark Office

I agree with my colleagues, and would only add that you don't "get the exclusive right to use" the mark in a vacuum. A registration will provide you with a presumption of such exclusivity in connection with the goods or services specified in the certificate of registration. This presumption is rebuttable, and, as my colleague states, a third party with superior (prior) common law rights could challenge your registration, as well as your use of an identical or confusingly similar mark for...

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Can I be sued if I delete from my website (reviews of schools) a student's negative review of a school?

Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship. As an initial matter, anyone can sue anyone for anything. That being said, Section 230 of the Communications Decency Act protects website operators and other providers of interactive computer services from liability when...

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Do I have to actually use every item listed in the ITU application?

Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship. I strongly disagree with Mr. Mashal's answer. While, for federal registration purposes, it is only necessary to submit a specimen of use for at least one item identified in each class, it is important to understand that when...

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What are the odds USPTO will register my trademark? Mark already exists for a different category.

Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship. You state that you have been using your mark for 15 years, and that the other party's registered mark is incontestable. This means that the other party's mark has been registered for at least 5 years. You should review the...

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What is the extent to which US trademark law protects me?

It is impossible to provide sufficient information through this medium to completely answer your questions. You would be best served to contact a trademark attorney to discuss your particular needs and questions. As a very brief explanation, trademark rights are there not just to protect you, the business owner, but more importantly to protect the consuming public from confusion as to source, sponsorship or affiliation. Once trademark rights are established (through use in commerce) and your...

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