Archived
Is it better to "abandon" a Trademark or get a "Final Refusal" on a Trademark ... if left with only these two bad choices?
Jon's answer
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Answered on April 04, 2013
What are you trying to do? If this is your application, abandonment or final refusal leaves you at the same place - no registration and forfeited...
Archived
If I am in the same industry as another company with a name very close to my company name- is it an issue?
Jon's answer
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Answered on April 04, 2013
It is potentially a very serious issue if the other company's name qualifies as a trademark. A trademark attorney who is also knowledgable about...
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Archived
Can a generic domain name such as internetaddress.com (example) be used by more than one company?
Jon's answer
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Answered on March 29, 2013
From this and your other question today I get the impression you are confusing domain names and trademarks. A domain name can incorporate a...
Archived
I found a trademark that I am interested in using, but a company that is "Dead" already has it. Can I still use the trademark?
Jon's answer
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Answered on March 22, 2013
The application might be "Dead" because the owner abandoned it, or it might be "Dead" because the proposed mark was one that was impossible to...
Archived
How do I use a company logo legally, it is is possible to do so?
Jon's answer
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Answered on March 22, 2013
Your best and perhaps only hope is to approach a company that already has a license from the NFL and try to enter an agreement with them to supply...
Is it legal to sale oil painting reproduction in USA?
Jon's answer
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Answered on March 20, 2013
Depends how long ago the original painting was created. Generally, copyrights extend until 70 years after the artist's death. So Picasso (or his...
Archived
Am I infringing upon an existing trademark/servicemark?
For example, lets say I have incorporated QuoteHealth, LLC...
Jon's answer
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Answered on March 17, 2013
Usually, transposing the two main words of a trademark will not avoid a likelihood of confusion with an existing mark. The exception is when the...
Archived
Can you trademark protect a company name if another co. is using it in same industry but different specialization?
Jon's answer
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Answered on March 14, 2013
Just an additional thought to the other excellent answers here, a lot will depend on how strong the mark is. Very strong or famous marks are...
Archived
Would "Caribbean life" be considered a geographical indication ?
Jon's answer
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Answered on March 14, 2013
Generally, the USPTO uses a two-part test to determine whether a mark is geographically descriptive. First the term must be the name of a place...
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Archived
Is this trademark infringement? And if not, how can I get the other names similar to mine legally to stop her deception?
Jon's answer
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Answered on March 13, 2013
If you have a trademark, and that trademark was distinctive (if you have a federally registered trademark, it is distinctive) before your...
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