Patent Express Logo
Contact us
Toll-free: (877)-794-9511
Ask a question
Ask a question
See Questions and Answers
See Questions and Answers
Discover more services
Discover more services
Search for Patent Questions:

Patents & Trademarks Questions for common

common law patent
In Litigation    -  updated on 6/20/2002
As a photographer, I conceived the idea of a ''pop up'' dressing room for models. As far as I knew, none existed. Through drawings and email communications, I designed a product and contracted a factory in A...   Read More Answer this question   Answer Answer this question
Registering a Trademark That May Be Protected By Common Law
In Trademark    -  updated on 2/26/2009
I've been using a product name (mark) in conjunction with an invention I registered with the USPTO in 2007.  I've used this mark on my product sell sheet and correspondence.  However, bec...   Read More Answer this question   Answer Answer this question
Use versus Common Law Trademark versus TM Symbol versus Registration
In Trademark    -  updated on 2/26/2009
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 situat...   Read More Answer this question   Answer Answer this question
Opposition based on common law (no registration)
In Trademark    -  updated on 2/26/2009
I am considering initiating my first opposition proceeding.  Here's the situation.  An ITU application for the confusingly similar mark whose registration I opppose was actually filed befor...   Read More Answer this question   Answer Answer this question
Common Words
In Trademark    -  updated on 2/26/2009
How trademarkable are common words? If a company has in its name a common word like cat, dog, man, can it defend the trademark against another company that may use a similar word but the products, although i...   Read More Answer this question   Answer Answer this question
combining common word trademarks
In Trademark    -  updated on 2/26/2009
I am looking to start a comic book.  The two main character, since I thought them up had simple names, and I always just thought up the title with those two names.  Let's use marvel comics Ang...   Read More Answer this question   Answer Answer this question
Common Law application v First Filed Application
In Trademark    -  updated on 2/26/2009
I filed a new trademark application based on use; however there are several marks that confusingly similar to mine filed before me in the USPTO.

I have a senior use rights, but the other marks wil...   Read More Answer this question   Answer Answer this question
Trademark on common word
In Trademark    -  updated on 2/26/2009
Let's say there's a company with a trademark on the word "Wonderland" as it applies to a local community in a state...let's say California.  

I'm putting up a commun...   Read More Answer this question   Answer Answer this question
Trademark of common name or description
In Trademark    -  updated on 2/26/2009
How is someone able to Trademark a common name or description and when they do, how can you use it to describe your product without violating the law?  

A company put a TM on the phrase "Lov...   Read More Answer this question   Answer Answer this question
Common law geographic location of website
In Trademark    -  updated on 2/26/2009
My understanding is that common law TM extends to the geographic location where the TM is used and where it is likely to extend.

What about an unregistered TM used on products sold on a website? &nbs...   Read More Answer this question   Answer Answer this question
Another question on common word trademarks
In Trademark    -  updated on 2/26/2009
I received my first C&D email today, it's all very exciting. The basics of the C&D are that the sender has a TM on the words "Bridal Fair" (serial # 72266797). I have a web site with the wo...   Read More Answer this question   Answer Answer this question
Trademarking a common phrase
In Trademark    -  updated on 2/26/2009
I belong to another forum and they have just received a cease and desist. The forum I belong to discusses things in specific job fields and we all give eachother information on different topics.

My qu...   Read More Answer this question   Answer Answer this question
What defines a common law trademark?
In Trademark    -  updated on 2/26/2009
If someone doesn't use TM or any other Mark designation on their products, can they claim a common law trademark if someone else comes along and registers and trademarks the name having used the designated m...   Read More Answer this question   Answer Answer this question
Common Law TM and Infringement
In Trademark    -  updated on 2/26/2009
Is the test to determine common law TM the same as or similar to the test to determine a registratable TM?

If a company has been denied a TM on Fed or State level based on merely discriptive or generi...   Read More Answer this question   Answer Answer this question
Common law trademark infringement
In Trademark    -  updated on 2/26/2009
intelproplaw.com legal minds... ?I have a question on the likelihood of successfully bringing suit for a common-law trademark infringement for a client of mine (I'm his web-designer)

My client has bee...   Read More Answer this question   Answer Answer this question
common law trademark with city name
In Trademark    -  updated on 2/26/2009
My aunt's business name includes a small town name: X dental center.  Across the street a new dental office has opened with the name: X dental group.

Does she have any rights to oppose their name...   Read More Answer this question   Answer Answer this question
Infringers of common law trademark
In Trademark    -  updated on 2/26/2009
Here's my dilemma ... I have been using my mark in business since roughly 1998.  Up until late last year, this was just a part-time business, but now I have gone into it full-time.  I set myself up...   Read More Answer this question   Answer Answer this question
A trademark with common decriptive words
In Trademark    -  updated on 2/26/2009
Some Companies are issued a trademark because they include art with their application.

In other woirds they could not get a trademark for the name because of the words used.. like Donald Trump filing ...   Read More Answer this question   Answer Answer this question
Question about trademarking common words
In Trademark    -  updated on 2/26/2009
I have a question about trademark infringement.  Let's say there is a children's book whose title is comprised of only common words, or a common phrase, such as "One If By Land", as an example...   Read More Answer this question   Answer Answer this question
USPTO - do they do a common law search?
In Trademark    -  updated on 2/26/2009
When trademarks are filed with the USPTO, do they do a common law search to see if the mark is in-use?

Or, do they only limit their searches to the USPTO database?

Are there any other databases...   Read More Answer this question   Answer Answer this question
 
Why Patent Express?
  • Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
  • Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
  • Patent Express is backed by a 100% money back guarantee.
Save 95% more in register a trademark
Patent Express Services
 

PatentExpress.com is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: www.rajpatent.com for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 05-23-2012