The name I want to trademark is not taken but the word I want to print on my clothing line is trademarked. Is it a problem?
Martin's answer
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Answered on January 15, 2016
Let's assume that your research is correct as regards the US trademark situation. A cursory research of the USPTO database shows quite a few...
Archived
What our my options for buying a car that most likely has the titled washed?
Martin's answer
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Answered on January 15, 2016
If the prior owner withheld this total loss information then that person may be liable to you.
Archived
Is a clause where a franchisee is compelled to pay a franchisor's "enforcement" costs regardless of outcome enforceable in WA?
Martin's answer
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Answered on January 14, 2016
The first issue is what State the proceeding is in and the second issue is what State's law on this subject will be enforced. Cases and statutes...
Archived
What does it cost for a trademark attorney (in the US) to conduct an international trademark search? Nationally?
Martin's answer
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Answered on January 07, 2016
Top quality searches by professional search firms well exceed the $499 you quote, and this does not include a fee to an attorney to review the...
Archived
What is the best option to open/buy a franchise (Jimmy John's) as:
1. LLC
2. sole proprietorship
Martin's answer
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Answered on January 05, 2016
In most cases you would be better off with an LLC or corporation instead of a sole prop. But you do need to consult your own attorney and...
Archived
If I get a "special form" trademark that has a slogan and a design, if I use them separately are they each protected?
Martin's answer
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Answered on January 04, 2016
If you want to be able to claim them as registered trademarks separately then you need to register them separately. Usually the logo is used with...
Archived
Does including a design in a trademark application increase the likelihood of approval from the USPTP?
Martin's answer
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Answered on January 04, 2016
If your words are themselves entitled to trademark registration, then you would want to apply for the words by themselves in one application,...
Archived
What is the best way to make my tshirts sell-able?
Martin's answer
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Answered on January 04, 2016
You are probably better off using this knowledge as motivation to come up with your own phrase that others have not trademarked. This will...
Archived
Is a unique hashtag tagline able to be trademarked?
Martin's answer
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Answered on December 24, 2015
You have gotten a lot of good answers to your basic question. I would like to add that because every trademark application has an element of risk...
Archived
Can Local.com trademark the term "local"?
Martin's answer
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Answered on December 19, 2015
The application history for this mark indicates that although it was first refused registration as merely descriptive, the examiner accepted an...
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