Someone has a trademark on the word I want but they have it in the category of clothing. I want to register the same name

I'm sure the USPTO will "accept" your application if you submit the proper filing fee & necessary minimal information like the mark, goods &...

Where can I copyright or trademark my designs and slogans online?

The Copyright Office website = http://www.copyright.gov. The US Patent & Trademark Office = Www.uspto.gov The USPTO site has videos explaining...

Does priority claim from Paris Convention with a foreign trademark override Common Law usage of trademark in USA?

What the 6 months priority of the Paris Convention gives you is a filing date for a U.S. servicemark application that is the same as the filing...

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We are starting a running company and want to make sure our name won't infringe on any Trademark names that already exist. .

This question has essentially been answered by me and a number of other trademark attorneys on this website numerous times. Therefore, I am...

Do I need to obtain copyright permissions before publishing a board game strategy guide e-book?

You might be able to legitimately claim "fair use" in your references to their game but the best and safest strategy is to 1) retain your own...

Likelihood Of Confusion....

By way of example of what Mr. Ross and others say, important facts include, but are not limited to, how many other "ROBERTS" marks are in use on...

Does the attorney who performed a trademark search have any liability (trademark infringement)?

From the facts you state, there is nothing that cited registrant can sue for. You abandoned or are abandoning any effort and intent you had to use...

What kind of attorney do I need for a logo to be trademarked globally?

Yes, I agree with my colleagues that you definitely should hire an attorney, starting with an experienced U.S. trademark attorney. There are...

Who has the legal right to use a name?

The short, general answer is whomever has the earlier date of either first use of the mark in "U.S. Commerce" or filing date of the application to...

Mr. Elman really answered your question as well as I think anyone can. All I would add, which should emphasize and clarify his answer, is that if...