Is it legal to sell a product that has an abandoned trademark if it's not manufactured by that company?
Joseph's answer
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Answered on April 23, 2015
You got a lot of good answers, but the most important thing is that you can read the definition of abandonment. And you can believe that someone's...
Using the word Scrabble to describe a product?
Joseph's answer
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Answered on April 23, 2015
Sorry, but without a license or their permission, answer is no and no. Scrabble may or may not already license someone to make jewelry with their...
Archived
Hello,
I wanted to know if it was okay to use the same name as another business but you will spell your differently.
Joseph's answer
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Answered on April 23, 2015
Simple answer is no. If the other name is a brand name (trademark) and you are selling a similar product, calling your soft drink Koka Kola will...
Archived
I registered the domain name aces.poker and am getting a legal notice that "aces" is trademarked. Isn't that too broad?
Joseph's answer
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Answered on April 21, 2015
Your question is a good one, but sadly, there are so many moving parts and fact issues that it's impossible to know the extent of any 3rd party...
Archived
If a Federally Trademarked Business includes my legal name can I use my name in my business name?
Joseph's answer
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Answered on April 21, 2015
As everyone has said, you are out of luck. Your name may be Procter but don't start a soap company using your name. Pretty simple. Clearly, there...
Archived
Are we in error of trademarks/copyrights?
Joseph's answer
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Answered on April 21, 2015
We have now gone from painting them in team colors to putting team stickers on them. No, you can't do that unless you are licensed. If the customer...
Archived
How to revive an abandoned trademark.
Joseph's answer
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Answered on April 21, 2015
You just answered the question as to why it is never a good idea to have joint ownership of a trademark. Assuming nothing intervening, the quickest...
Archived
Trademarks: can it be successfully argued that dietary supplements and candy are sold in different trade channels?
Joseph's answer
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Answered on April 21, 2015
Sure it can be. But whether you succeed depends upon the facts. And if you want to have a good idea of your chances of success, talk to a good...
Can I resell personalized branded items without permission of the trademark holder?
Joseph's answer
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Answered on April 17, 2015
No, you can't. Starbucks may or may not agree or disagree with what you are doing, but it doesn't matter. Whatever the text people will assume that...
Archived
My startup is a registered trademark, and someone has an Instagram account with the name. How can I resolve this issue?
Joseph's answer
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Answered on April 17, 2015
If you are Google and someone uses your name, absolutely. But, if the term is descriptive or not well known and is being used for something...
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