Search:

Type: Posts; User: Katydog; Keyword(s):

Search: Search took 0.00 seconds.

  1. Replies
    1
    Views
    868

    Trademarks: How is an Unregistered Trademark Enforced

    If an app on the Apple store does not have a registered trademark, how can the owner determine the regional market that it can claim under a common law trademark?
  2. Trademarks: Re: Trying to Understand What is Trademarkable

    My attorney looked at their product, and said it wasn't indicating it's source, it was not being used as a trademark. All the other company's advertising and all their reviews did not name the item...
  3. Trademarks: Re: Trying to Understand What is Trademarkable

    To be clear, I never heard of the other company or their product until after mine was in commerce for several years.
  4. Trademarks: Re: Trying to Understand What is Trademarkable

    I realize I'm not clear, and I apologize (I'm very confused). I'm not asking if XXX trainers is the same TM as the NIKE trademark. I'm asking this: if NIKE had a single product with a name (XXX...
  5. Trademarks: Re: Trying to Understand What is Trademarkable

    *sigh*

    I do have complete faith in my attorney, but me being me really wants to understand this, and I just can't seem to get it. I did inquire, and he explained it, but I didn't get it. Sometimes...
  6. Trademarks: Re: Trying to Understand What is Trademarkable

    I don't know enough to ask the right question. I'm basically feeling my way around to try and formulate the question.

    I'll try and explain why I'm asking without directly relating it to my case,...
  7. Trademarks: Re: Trying to Understand What is Trademarkable

    I thought he meant that it wasn’t trademarkable as it was, but it could be (depending on how it’s used) since (and I’m assuming) the name is suggestive.

    Or, does he mean that the word...
  8. Trademarks: Re: Trying to Understand What is Trademarkable

    Okay, this is what I'm having a hard time understanding.

    When I asked: if NIKE had one shoe called Cool Colleen Trainer. Is that name trademarkable?

    You said: "No (for the reason explained...
  9. Trademarks: Re: Trying to Understand What is Trademarkable

    Thanks :)

    So, the company markets and sells the trademarked "Cool Colleen Trainer".

    Next question, let's say there's three types of shoe laces you can buy with the Cool Colleen Trainer 1) the...
  10. Trademarks: What Brands, Product Names and Symbols May be Trademarked

    NIKE and the swoosh are both trademarked. So that indicates a source, right?
    All items with that name and image are associated as being a part of, or coming from that NIKE family (the source).
    Am...
  11. Trademarks: Re: If a Single Book Title Has First Use, but

    I believe it is more than just re-publishing the original book since it was significantly changed in the second edition (adding almost 150 pages). I think it could be considered a new product at this...
  12. Trademarks: Re: If a Single Book Title Has First Use, but

    All they have is a single title book, nothing more. I'm surprised their attorney responded the way he did. I believe he thought he would scare the bejesus out of me and make me go away.
    Yes, I do...
  13. Trademarks: Re: If a Single Book Title Has First Use, but

    Well, I sat on this for a while (like a few years), and then, knowing I was obligated to protect my TM (that and another question about my product being associated with theirs) I did send a Cease &...
  14. Trademarks: Re: If a Single Book Title Has First Use, but

    I'm sorry to be confusing.

    They published their book, I then created a product with the same title (a year later) and trademarked it (another year later). My product includes a book as well as...
  15. Trademarks: Re: If a Single Book Title Has First Use, but

    The book is a work of nonfiction, it is a educational type book for students. The changes include over 100 added pages, new artwork (from BW to color). Some of the older exercises remain, however,...
  16. Trademarks: Re: If a Single Book Title Has First Use, but

    Thank you for your response.
    I don't want to be too specific since this is a public forum.
    To be more clear, the book with a single title (not a series) has not achieved secondary meaning and does...
  17. Trademarks: Rights to a Book Title That is Later Trademarked

    If a single book title has first use, but is not trademarkable since itís a title of one book, and a company comes along and gets a trademark for that name (the title of that book) and has a brand...
Results 1 to 17 of 17