Archived
Can i select all the products under a certain international category that are relevant to my brand and assign 1a filling basis?
Kenneth's answer
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Answered on February 11, 2016
You are limited to only those products or services you are actually selling or providing at the time of the application. In order to include the...
Archived
When submitting a response to a trademark office action do you submit one file consisting of the response and the exhibits or...
Kenneth's answer
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Answered on October 29, 2015
The preferred method of the USPTO is to paste the argument onto the form (in a text box), and the exhibits as separate attachments. That said, if...
Archived
Can I make and sell 20 of the same piece of art (ALL PIECES ARE MADE BY HAND) using a trademarked logo in my artwork? Fair Use?
Kenneth's answer
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Answered on October 26, 2015
While every situation is different and fair use requires analysis of four different factors, you probably need a bit of clarification first. Fair...
Archived
Trademark search and registration for company name and logo
Kenneth's answer
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Answered on October 07, 2015
Well, you are in the right place.
It looks like you are in CA, and your business is in DE - the good news is that you can find an attorney in...
Archived
Trademark/Service Mark - Unregistered, Still Protected? Am I protected under trademark law, without federal registration?
Kenneth's answer
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Answered on September 10, 2015
The question is one of likelihood of confusion by potential consumers of your product. While another party might use the same name on a different...
Archived
I bought some pair of glasses from outside the united states and got it shipped through a carrier but was seized by customs
Kenneth's answer
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Answered on August 21, 2015
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...
Archived
Besides a business license and an "Are you over 18?" checks on the site, what do I need to legally sell eliquid with nicotine?
Kenneth's answer
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Answered on August 13, 2015
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...
For a trademark to be a double entendre caselaw states that the second meaning must be readily apparent from the mark itself....
Kenneth's answer
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Answered on August 12, 2015
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...
Archived
What's the benefits of filing a trademark with an attorney? What can I expect to be paying for this service?
Kenneth's answer
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Answered on May 11, 2015
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...
Archived
Trademark filed and opposition
Kenneth's answer
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Answered on March 27, 2015
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...
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