Trademark IP Question

In the US, trademark rights are "use based." So, regardless of whether or not there is a formal registration, if the trademark is being used, there...

Patent claims drafting are likely one of the, if not the, most complicated legal instruments to draft. It often takes registered patent attorneys...

How do I file a petition to cancel a trademark? And should I in my case?

1. Cancellations proceedings, if you take it all the way to conclusion, can be very expensive. So, it's not really something that you just decide...

Going out on a limb here and considering that you meant to say Motion for DEFAULT JUDGMENT? If that's the case, then you will have to file that,...

There is no requirement that an IDS is to be filed separately. You can file it with the application if you want. The requirement is to disclose...

Trademark of similar name?

Call a TM lawyer who is licensed in Florida. Don't mess around with this one.

Do I need to have a logo before applying for a trade/service mark?

No. You can get a trademark registration for a word mark by itself without any artistic logo. But you can also get a registration for an artistic...

A patent application claim does not need to recite structure/material/acts, correct?

Patent examination is case-by-case. You've cited statutes and described general concepts of patent law, but it's going to come down to what your...

I have a youtube channel that is doing very well. In all of my videos i say a Phrase. can i trademark or copyright this phrase?

It's possible, but you would need to develop your use of that phrase a bit more as a trademark in order to protect it as such. Trademarks are...

My attorney submitted a trademark for me at the cost of $750 and it came back denied. should I pay another $750 to resubmit?

When you say "unjustifiable," what do you mean? There are many reasons why the USPTO rejects TM applications. And, many of those reasons can be...