Patents & Trademarks Questions for use

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DEAD Trademarks; Reuse?

DEAD Trademarks; Reuse?

In Expired Trademarks    -  updated on 11/11/2009
Hello.  I want to reuse a Dead trademark that is not in use today; cancelled in 2002.  I have seen variations of the word for the same product, but no TM, nor is that the same company the origional TM was recorded under. Do I go about registering a new trademark?
nominative use/fair use

nominative use/fair use

In Trademark Disputes    -  updated on 11/11/2009
I have a question....if I manufacture and market a product that by its very nature has to be used in conjunction with another company's product and I show my product attached to the other product in pictures and the written words below (this is a product that adds value and different uses) on my web site and sales brochures am I guilty of infringement of their trademark? Example I make a tool chest that bolts into a Ford pickup, Chevy pickup, Dodeg pick up and so on and I show the variou...
advertising/fair use

advertising/fair use

In Branding    -  updated on 11/11/2009
Does anyone know the state of the law as it applies in the google adwords context and trademark? It has fair use implilcations. Is the litigation still pending? Or can anyone provide a link?

Regards,

Use of European CE logo, as Company Trade mark

Use of European CE logo, as Company Trade mark

In International Trademarks    -  updated on 11/11/2009
I want to use the European CE logo as the trade mark of my company.
My business name is something like "Cats & Elephants" thats why i want to use it, as these are the first initials of the company name.
I have no intentions of exporting my products out of country.

If i am not allowed , can i use the logo by having some slight changes in it, for example drawing a round border around the CE Logo or anything like that ?

Any help is appreciated.
How to prove that mark is not being used?

How to prove that mark is not being used?

In Expired Trademarks    -  updated on 11/11/2009
I apologize if this topic has been covered!  I tried to register my trademark in 2005 ( I had used the name in commerce a year before attempting to register).  I was notified that another company had a similar name in the same industry (likelihood of confusion) and my application was rejected. The owner of the other trademark had hers registered June 2006.  She contacted me and offered to sell me the trademark because she was "tired" of this business and may be sellin...
Can I use picture of Time Square in a Commerial Application?

Can I use picture of Time Square in a Commerial Application?

In Copyright vs. Trademark    -  updated on 11/11/2009
I have pictures I would like to use in a Commercial Software application. They would be purchased the license to these photos and i would have license to reuse them for commercial purpose. But my question arises when I have a picture of times square with all those "ads" and "company logos" on all those buildings. Can I display a picture of "Times Square" in a commercial application?

I am wonder if this is Ok based on the "trademarked logos" a...
ITU REFUSED EXamAtty assumedwrongly thatPROPOSEDmarkIntendedFor ANTIQUE BOOKS!!!

ITU REFUSED EXamAtty assumedwrongly thatPROPOSEDmarkIntendedFor ANTIQUE BOOKS!!!

In Copyright vs. Trademark    -  updated on 11/11/2009
ITU appliled for and REFUSED for descriptiveness because EXamAtty speculated on what my ACTUAL proposed goods were going to be and the goods he referenced in the Office Action are over seventy-five years OLD!!!

First of all.  If you are reading this, thank you so much for your interest.  And if you are commenting on this odd-ball problem, thank you so much for your time.

I am a bookseller.  I sell rare books.  Along the way I discovered an auth...
can i use this logo?

can i use this logo?

In Logos    -  updated on 11/11/2009
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i have a new design company in the UK which is called Studio 66. I would like to use the logo (shield) that Route 66 (car navigation company) has but have my details within the shield?

IS this possible? I cant see a problem since the shield itself is used on highways in the USA probably before Route 66 trademarked it?

I may be wrong, so please if you could help, then let me know

Thanks

A
Looking for Source on Use Rights and Registration Rights Countries

Looking for Source on Use Rights and Registration Rights Countries

In International Trademarks    -  updated on 11/11/2009
I'm trying to determine whether Qatar, United Arab Emirates and Kuwait are use rights or registration rights countries.  INTA's resources have not helped me.  Does anyone know of a site or sites that provide this information?  Thanks in advance

J
Using the name of an actor as a user name on a community website

Using the name of an actor as a user name on a community website

In Famous Marks    -  updated on 11/11/2009
Someone I know used the name of a fairly well-know celeb as a user name on community site.  The user name displays as part of the URL.  This is a non-commercial site and the person that created it is just using it to interact with friends.

While he has not been "told" to abandon the account, he has been contacted and asked if he would be willing to give it up so that an entertainment firm connected with the celeb could use it.

First question is, is t...
Use versus Common Law Trademark versus TM Symbol versus Registration

Use versus Common Law Trademark versus TM Symbol versus Registration

In Trademark Registration    -  updated on 11/11/2009
I am so confused at this point... any advice will be appreciated. I realize I probably should consult with a trademark attorney. I'm trying to get familiar before I make that call.

The situation...

My daughter uses a stage name in her work. She's used that name for years and has a number of printed examples documenting that use. She never registered that name nor did she use a TM symbol.

She now is contracted to a firm and provides a number of servic...
Use of Trademarks on Internet

Use of Trademarks on Internet

In Trademark Disputes    -  updated on 11/11/2009
Can a software supplier eg Microsoft, Google, etc stop you using their trademark in word or pictures to ensure that only their licensed training courses take place by blocking use of key words and images. Secondly can the software company retrospectively seek damages by requiring information on the extent of activities relating to courses run using that trademark ? are their any examples I can read about

John CAulfield
Trainer
Can registered  (R) mark be used with state trademarks ?

Can registered  (R) mark be used with state trademarks ?

In Trademark Registration    -  updated on 11/11/2009
Question: Can registered (R) mark be used with state trademarks ?
Example: Website displays (R) with a state trademark.
Amending Dates of First Use Anywhere

Amending Dates of First Use Anywhere

In Trademark Office Action Responses    -  updated on 11/11/2009
A colleague posed the following question to which I was unable to provide a definitive answer:

Is there a mechanism by which you can amend the date of first use anywhere while your pending application is in a black-out or other period where the application is essentially frozen?  For example, if you are in the midst of an opposition and uncover evidence that the date of first use anywhere is actually later than that filed in good faith, are you able to address that in some fa...
Can i use

Can i use

In Trademark Disputes    -  updated on 11/11/2009
Hello,

I plan to have my own e-currency on the site and call it "MySite Dollar". This is not an infringement, right?

There is also Phoenix Dollar on the web, so i guess they do not infringe too.

Thank you.


I used a term that was trademarked on a shirt....oops. now what?

I used a term that was trademarked on a shirt....oops. now what?

In Trademark Disputes    -  updated on 11/11/2009
Long story short. I own a wrestling organization (think WWE on a much smaller scale). We have created "characters" for the wrestlers... and one of the wrestlers we have a tagline that they use. We printed this tagline on a shirt for resale.
The shirt is one of our best sellers. We didn't think to look into whether or not the tagline/combination of words was trademarked... but it is! Oops.

Anyway, we got the cease and desist letter from them (a very informal emai...
How to protect mark? not Reg

How to protect mark? not Reg'd, but Intent toUse applied for...

In Can I Trademark it?    -  updated on 11/11/2009
Hi, 

I appreciate so much the excellent feedback and advice in this forum.  Thank you all.

I submitted an Intent to Use application for the mark "Renee Plygnon" (ficticious)" with intentions of using it for a line of various fashion dolls and storybooks. Example:  "Renee Plygnon dolls" and  "Renee Plygnon storybooks".

"Renee Plygnon" died many ye...
More info on use in commerce please!!!!

More info on use in commerce please!!!!

In Branding    -  updated on 11/11/2009
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I want to thank all for their advice!

I was told that even though i have multiple copyrights of the rules to my board game that it will do little to protect my ideas! Whaaaaa!?? Does it at least create a paper trail of my ideas and dates as to when they were created? If not, whats the point?
My next question is... if i sold a copy of my game including instructions via E-B...
Giving an intent to use TM as a gift

Giving an intent to use TM as a gift

In Trademark Ownership    -  updated on 11/11/2009
I want to register a TM for a friend and give it to him as a surprise birthday gift.  I would like to register it in my name so that I do not have to ask my friend for his Social Security Number, and then transfer the TM him.  I see that sec. 1060 prohibits transfering an intent-to-use TM.  Also, it will be the friend, not me, who uses the mark in commerce.  This raises a problem with filing the statement of use.  How do you recommend that I proceed?
 
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Trademark application...Use my name as owner or Company name?

Trademark application...Use my name as owner or Company name?

In Trademark Registration    -  updated on 11/11/2009
I, Ms Jennifer Doe, am creating a new product and I've come up with a mark

"GreenEYEZ" for a watchband.

~~~
I get a business license for the company name "Luvjoy" and I create packaging.

The packaging says...

Luvjoy presents...

GreenEYEZ watchband

Luvjoy has created this most striking design to compliment any watchface.