Loading...
Answers
MenuIs this trademark too descriptive? Can they stop me using the phrase when describing goods and services offered by my business?
Answers
I'm not an attorney. Without going into a lot of details here I would suggest you contact an attorney who specializes in trademark law. Depending on how much you have invested in your business, I wouldn't navigate this on my own.
Sincerely,
I filed for a trademark past year and recently had it approved to learn that depending on use and how it's being referenced-- many things aren't worth taking to court. This very much seems like one of those instances (i'm not a lawyer and this isn't legal advice) -- I would search clarity for Andrei Mincov and grab 5 minutes of his time to make sure-- he's answered other peoples questions on trademarks here before.
You should hire an attorney and have them contact the company that approached you. Simply changing the phrase you use in marketing to print an image of your pet, should relieve you of infringement issues. However, hire and allow an intellectual property attorney to guide you.
Related Questions
-
Can you claim a name from the US trademark office if someone else was the first to come up with the name and didn't claim it with the office?
Yes. That is the whole purpose of the USPTO filing system. Whoever is first to file gets the mark. There is common law usage which they could argue but first to file is generally upheld.Laurel MintzLM
-
How do I write a contract to receive payment for my soon-to-be trademarked logo art and organization name?
For clarification. If I understand correctly, this is the womans business and you currently own the logo/word mark? For starters. If you filed the mark yesterday. You still do not own it officially. There is a long process of showing proof of use and paying the government fees. If you were my creative and squatted on the mark, I would take offence. There are other ways to extend your services that you should consider before this tactic. I know that might not directly answer your question. But, she is a non-profit and it might be best way to cut ties off and prospect new clients. On the other hand - if you need a stash of proposals, i used to own a creative agency to send and help you get started.Hunter HartHH
-
Is it possible to receive trademark protection prior to registering my mark?
yes. Many jurisdictions have rights in a mark that arise simply from use. That said, it is not the same as the rights flowing from registration and in some jurisdictions, it is not available. A quick call to a trademark lawyer should allow you to clear up if the rights you get through use are sufficient for your purposes. Note: Branding and brand strategy is the most overlooked aspect to starting a business and a little expense now can save you a whole lot of problems later on.Gordon FreedmanGF
-
What is the best tool or set of tools to perform trademark clearance searches of designs and design elements for products/apparel?
The USPTO website. But, in all sincerity, you might need help with that. The actual trademark is simple. Patents are tougher.Ali MaadelatAM
-
If I sell some domain names I have in my portfolio, is it my responsibility to do trademark searches before I sell them?
Having worked in the domain name industry since 2001, I would always suggest a trademark search before acquiring names. Please keep in mind that when registering a name, you agree to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) as part of your registration contract. This means that you agree not to infringe on rights of others with the registration of your domain. When selling a domain name, it really comes down to your contract/agreement with the buyer. Depending on the details you might be held liable for any potential trademark infringements at a later time. DIsclaimer: I am not a lawyer, it would be best to consult with a lawyer.Frank MichlickFM
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.
