Mark Andrew Nieds's Answers (26)

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Can i advertise a refurbished product by its brand name

Mark's answer | Answered on May 21, 2014

If you are selling rebuilt/refurbished and make it clear that they are that, then likely no issue using the OEM's mark. "Rebuilt Binford 5000...."...

Archived

Trademark opposition for foreigner

Mark's answer | Answered on May 20, 2014

A Trademark opposition is a federal proceeding in the USPTO, any lawyer in any state can assist. The key will be finding someone who specializes...

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I need advice regarding a canceled trademark. I obtained the TM (1998- 2005). What is my best strategy for reapplication?

Mark's answer | Answered on May 19, 2014

Your best bet is probably by filing on basis of actual use, citing to your original date of first use (assuming there have been no interruptions in...

Archived

Is it legal to sell a product identical to a particular brand, but with absolutely no "name brand" marking on it?

Mark's answer | Answered on May 19, 2014

You should consult counsel, there are too many variables here. Trade dress--i.e. the look--can in some instances be protected. Even if you don't...

Archived

Can you sell fabrics with patterns that are similar to designer clothes?

Mark's answer | Answered on May 15, 2014

Agreed, there is no real way to answer this without seeing both the designer fabric and your proposed designs. As to use of designer names and...

Archived

Can I use this companies Logo to create a website for reviews and or a Blog?

Mark's answer | Answered on May 15, 2014

While the use may likely be a defensible fair use, there are practical issues, most important the risk of the owner of the logo coming after you to...

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