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Recent Trademark questions

We have been using a particular symbol as our logo for over

We have been using a particular symbol as our logo for over a quarter of a century but never got it the trademark. Now we're seeing others in the very same industry starting to utilizing the identical symbol. Do we have any rights to it, to prevent them from using it? We feel by others using it that it may mislead the public that it's us.

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Kendell Kelly, Esq

Kendell R Kelly, Esq

Doctoral Degree

1,146 satisfied customers
I created a product and started selling it on amazon with

I created a product and started selling it on amazon with the brand name BugAway.. its an electronic pest repellet...At the time I didn't know about trademark search. I Googled and found Nothing with that logo name...Well I just learned about USPTO website and found a trade mark "BugsAway!" They are selling location and plastic bags...Am i violating their trademark?JA: Is the trademark federally registered?Customer: I am thinking about registeri g my trademark, then some body told me about the USPTO...I searched And found their trademark ..Yes they are registeredJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Robert McEwen, Esq.

Doctoral Degree

24,238 satisfied customers
I have a trademark for a small brand of custom-fitted *****.

I have a trademark for a small brand of custom-fitted *****. I also offer a service where a customer sends me their pre-owned larger brand ****** for me to modify. The inside of the *** gets modified with a new custom fitted hand lining while the outside of the *** looks mostly the same. I then imprint my trademark on the outside of the *** in a small size and in a less prominent location. I believe this does not cause "confusion or dilution of their brand." Some customers would like me to take a further step of removing an outer piece of the *** that has one of the larger brand trademarks on it, and replacing it with a new piece that would only have my trademark. The *** would then have trademarks of both brands in prominent locations in different areas. Am I liable for violating a trademark since I am providing a service for a customer who has already purchased a *** themselves and is now requesting that I do this? May I advertise this option? May I post photos on social media and my website of these *** along with the phrase "not affiliated with larger brand"?

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nyclawyer

Attorney

Juris Doctor.

42,522 satisfied customers
I own the domain name MASTERCHEFAPPROVED.COM is this in any

Hi, I own the domain name MASTERCHEFAPPROVED.COM is this in any way a breach of trademarks.. Thankyou, Rob.JA: Is the trademark federally registered?Customer: I feel so, but I intend to use it as an online directory, not for cooking etc.JA: Has anything been filed or reported?Customer: No, I am just about to startJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so....

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Maverick

Doctoral Degree

8,166 satisfied customers
Second opinion] We recently filed for a trademark on our

Second opinion] Hi, We recently filed for a trademark on our company name. However, we noticed there is a company in the middle east with the same name, and apparently they are advertising in the US. This is causing confusion for our customers, what options do we have to protect our trademark? Question 2: We noticed the same firm has a plugin on the shopify app store .. again using our trademarked name.. Would we be able to get Shopify to take down their app or ask them to rename it?

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JD 1992

Juris Doctor

37,926 satisfied customers
Not being a patent expert, I'm curious to know how best to

Not being a patent expert, I'm curious to know how best to protect patents as they related to international rights. With physical goods, a company can license rights and enforce those rights through borders. If I go through the rigorous process of defining and filing a patent in the United States, what is to prevent someone in Israel, France or some other country from simply taking it? For trademarks, we obviously have Madrid.

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JD 1992

Juris Doctor

37,926 satisfied customers
I have the domain for my business registered in 2/2016 that

I have the domain for my business registered in 2/2016 that I have been using as a name for a whole series of classes. I filed for trademark today. Today a person said she has been using the name as a tag line for her business since 2016. My trademark application has evidence of use in commercial since 4/2016. I do not know if she has filed for a trademark. Does she have a better claim on the name? Should I pursue the trademark?JA: Is the trademark federally registered?Customer: not yet - I made the app today. will take 10 days to hit the register. I do not know if she filed. I did a serach and found nothing like it.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: no - this just happeend. I am in shock and freaked - i thought it was all mine except when I called go daddy to get proof of m y registratin in 2015 they said they made a mistake early and gave me the wrong date - it was registeredin 2016JA: Anything else you want the lawyer to know before I connect you?Customer: I have been providing classes and workshop s under this domain and name for nearly 1.5 years. I have seen nothing of her materials from 2015. She's pissed, i am pissed we are both in the same training program.

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LawyerDavid

Vice President & General Counsel

Juris Doctor

678 satisfied customers
My name is ******. I run a Facebook group and a blog site.

Hello, My name is Monte ******. I run a Facebook group and a blog site. Our focus is Merch By Amazon. It allows everyone the opportunity to design t-shirts and sell them on Amazon.com; It has been called the new gold rush. Anyways, I have a shirt design. Could you please look at the original idea and then look at my design, and tell me if I would be safe to publish my shirt design or would I be infringing on someone else's work i.e. a derivative. If I would be infringing on the other designers work, could you please provide some insight, maybe a rule of thumb that I could share with my merch group or on my blog at merchfuel.com so that we do not violate any copyrights including derivatives. Some members are under the impression that if they change the font and color and swap out for a similar graphic or flip an element of the design layout that they will be fine.

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39,608 satisfied customers
I write a blog post and have a quick question. I'd like to

Hello,I write a blog post and have a quick question. I'd like to write a blog post about how great of a job a certain website does on its web design (let's say it's Apple.com). So, I'll be including things like the company name (Apple), their website (Apple.com), and possible snippets and graphics showing the site, the site contents, and how I'm impressed by the design. At the end of the blog post, I'll be posting an advertisement for a web design product that I myself use.Do you see any issues with this? I understand that there are IP/copyright/trademark laws that come into play, but I'm not sure how and if they apply. Can I safely mention and talk about the website (all praise) without being hit with legal action? And if not, what should I do?

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Gerald-Esquire

Juris Doctor

7,162 satisfied customers
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