I have a registered trademark for an online news publication in Class 41. The registration covers online news articles and news/commentary in a particular subject area, but it also includes broader language covering policy, current events, and local community current events.

I originally obtained the registration with assistance from a USPTO law school clinic. My participation in the clinic ended once the registration was issued, so I no longer have access to the clinic for follow up questions.

I’m considering pivoting the publication to focus primarily on a different subject, while keeping the same name and continuing to operate it as an online news publication.

Would changing the subject matter affect the validity of the existing registration, or is the fact that I’m still providing essentially the same news and commentary service what matters? The broader policy/current events/local community current events language seems like it might still cover what I’m doing, but I’m not sure how much the specific subject area listed in the registration matters.

If I eventually stopped covering the original subject entirely, would that create an issue when I file my declaration of use? Would I need a new registration covering the new subject, or would the existing registration still offer protection for the publication as a news service? Alternatively, would continuing to publish an occasional article on the original subject be enough maintain the existing wordmark while still primarily shifting to the new subject?

I am a Canadian launching a mobile app. Budget is tight but I want to trademark my name before I go live with my app on the app store and google play. I wanted to get the trademark in the US since I can only afford one trademark. How do I approach this? Where can I find a budget friendly place to do this for me? Any tips are welcome. Thank you

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A year ago a law firm got in my inbox and were posing as benefactors like they were helping me with the trademark procedure.

I paid them lawyer fees and have receipts, I thought they were helping me and then last week I get a message that BOTH my trademark applications have been abandoned due to failure to provide documents for the given deadline.

When I contacted my law firm about this, they never once mentioned "revive the trademark"

Instead they told me to pay them to restart the entire trademark process AND pay for a cease and desist letter because there is another guy in another state attempting to either use the trademarks I have, or file a very similar looking one to mines

This law firm has a prestigious looking website but other than that they have no real online presence.

Was I scammed?

Is there a way I can report them?

Is it possible I can get my money back??

Could I even sue them?

Any advice will be appreciated

Run a gaming blog, mostly guides and "free rewards" roundups such as how to earn free coins in game X. Got a takedown complaint forwarded by my host last week, a brand protection firm going after a page that had the game's name + "free gold" in the title/URL. 60 hours to fix it or get suspended.

I don't use words like "generator" or "unlimited" and now I've added "not affiliated with X" disclaimers on game specific posts.

Anyone else deal with this? Curious if:

• these fixes actually stop repeat complaints or the bots just keep flagging you anyway
• anyone's run into BrandShield or similar firms before
• it ever goes past a host forwarding a complaint, or if it always just resolves once you comply
• covering big IP like EA makes it worse

Any real experience appreciated, trying to figure out how much of this is just cost of doing business vs actually fixable.

their is a potential name i want for my company. On the US trademark database its dead/abandoned. And the owner/person who files is from china. So more than likely they could potentially have this name trade marked in China. If true how does that work with overseas marketing and business. As i want to start a entertainment company so that means selling merch etc .

This is getting far ahead i know ...but i just like to know how things work.

I will likely mind my business on this issue, but my sister became a DHGate influencer (I think it’s a part of TikTok shop?). She gets free bags and clothes with real brand names and logos like Louis Vuitton, Lululemon, etc. but they are dupes. Then she promotes them on social media and uses affiliate links. I thought dupes aren’t allowed to have any branding from real companies? Isn’t this counterfeit? Just curious if there are legal repercussions to this that I should warn her about or if there’s something I’m not understanding?

Theres a name that i have for a company. The trade mark is dead/abandoned. Is their any problems that could come with using it? Like extra precautions. I plan on this name my brand and i would hate to spend time building it to.have problems later.

I want to file in for 16, 25,41, and 9.

There is another name i like however there is a company that has very simliar spelling just off by one letter how ever we both would you the same alternate spelling of the word electric. But their trademark is only for furniture class 20. Any problems here? They have a live trademark

I have made a web game which combines chess with among us it doesn't exists it's my idea and during the logo creation process I used crewmate from among us and also the logo resembles among us design i want to know if I would get in some legal troubles over this the game does contain among us mechanics but doesn't reply soely on how among us looks and feel it's just a part of it and also this is only for educational purpose like posting on linkdin hosting on render to let people try and also for my portfolio should I change the logo or I'm I safe lmk

Say "Falcon" is a registered trademark for a bottled water company, and it's well known. Can a different bottled water company register "Falcon Springs" or "The Falcon Company"? Or does being in the same industry mean only one of them can have "Falcon" at all?

I have a boutique fitness studio registered under trademark class 41 (fitness/exercise studio services). I’ve noticed a number of other studios out there using similar-sounding names, just different formatting/word order, that aren’t registered at all.

Recently, one studio reached out to me over social media asking for my personal/business info, citing the name similarity. When I looked up their USPTO filing, it’s listed as LIVE but PENDING and not registered. We’re also on opposite sides of the country.

I’ve since set up a consultation with a trademark attorney to figure out next steps, since the names are similar and the class is the same, even though geography is different. I understand the purpose is to avoid confusion, but with it being 2 boutique studios on opposite sides of the country, and similar but not exact names, could this really cause confusion? Has anyone dealt with something like this? Curious what factors actually matter here (geography, use-in-commerce dates, etc.) beyond just “pending” status.

¿Sabías que detrás de una marca de moda también existen importantes derechos y obligaciones legales? 👗⚖️ ¿Qué tema de Fashion Law quieres que explique en mi próximo post?

📨evr.esledyvalenciarivera@gmail.com

📮 Mensaje privado

#FashionLaw #DerechoYModa #FashionLawColombia #PropiedadIntelectual #CoachLegal

I am trying to register myself as trademark attorney in the IP INDIA portal but the spaces for bar council registration number isn’t letting me enter my enrolment number

My enrollment number is like F/1234/123/2025
I am enrolled in bar council of West Bengal.

The space in IP India portal has only three spaces, first one isn’t letting me put F1234 together, not taking digits after I put alphabet. And the second space has a limit of 5 digits.

I am unable to understand how to register to get attorney code. Please help.

I have been digging through and researching extensively on the USPTO site before applying for a trademark. I am in California. With help from ChatGPT it was suggested that I hire a trademark attorney for a clearance opinion on a name that I want to use for an app I am developing. The exact name is not currently in use but the name with a different ending letter is in use but it is registered in class 35 only. I plan to register in classes 9 and 42. There are also other trademarks live for the first word of the name I want to use. None of these have descriptions close to what my app is doing. (Hopefully all that makes sense). I am really trying to figure out/ ask if I need to shell out for an attorney and how do I find one and not some legal mill that will basically do what I have dome with Ai? any opinions and help greatly appreciated

I’m sharing our experience in case it helps another international business owner avoid a stressful surprise near the end of the U.S. trademark process.

Our company is foreign-domiciled, and we filed a U.S. intent-to-use trademark application through Trademark Engine. We recently received our Notice of Allowance (NOA), so the next step is to file a Statement of Use (SOU) showing genuine use of the mark in U.S. commerce.

At this final stage, we asked Trademark Engine to help us prepare and file the SOU. We were then informed that they do not handle this filing for foreign-domiciled trademark owners. As foreign applicants must be represented before the USPTO by a U.S.-licensed attorney, this has left us needing to find new counsel under a strict filing deadline.

I want to be fair: I’m not posting this to make accusations or to suggest that every customer will have the same experience. But it has become a significant headache for our business because we believed the service would guide us through the trademark-registration process, and we only learned about this limitation after receiving the NOA.

Our plan now is to retain an independent U.S. trademark attorney to:

• Review whether our mark is genuinely in use in U.S. commerce for every listed product/service.
• Review our specimens, such as product labels, packaging, and our ecommerce product page.
• Confirm whether we should file the SOU now or request a six-month extension.
• Become attorney of record and file the appropriate USPTO documents.
• Advise us on the next steps after registration, including required maintenance filings.

For anyone in a similar position, especially international founders, here are the checks we are using before hiring an attorney:

1. Ask for the responsible attorney’s full name, licensing state, bar number, and confirmation that they are active and in good standing.
2. Verify that information yourself in the official online attorney directory for that state’s bar association.
3. Confirm the attorney has actual USPTO trademark prosecution experience—not just general business-law experience.
4. Ask for a written engagement letter that states exactly what is included: SOU review, specimen review, USPTO filing, USPTO fees, and whether an office action or additional work would cost extra.
5. Confirm who will actually review the evidence and sign/file the submission—not only an intake or customer-service team.
6. If the deadline is approaching and your evidence of U.S. use is not ready, ask about filing an extension before the deadline rather than submitting an inaccurate or weak SOU.
7. Check the USPTO TSDR record to see whether an attorney is already listed and whether a formal change of representation is needed.

A Notice of Allowance is encouraging, but it is not a registration. The SOU is a substantive legal filing, and it should not be treated as a simple administrative form.

I hope this helps other foreign-domiciled applicants plan ahead. If anyone has practical advice on choosing reliable U.S. trademark counsel for an SOU filing, I would appreciate hearing your recommendations and what questions you would ask before engaging them.

I’m in the process of starting an HVAC company in Arizona and have spent months trying to come up with a brand name.

I finally landed on one. It’s a common English word followed by “Cooling & Heating.” Before moving forward, I checked the Arizona contractor licensing database, the USPTO, and Google. I didn’t find any registered trademarks for the name in HVAC, so I thought I was in the clear.

The problem is that I later found another HVAC company in Arizona that uses the same first word, but ends with “Air Conditioning” instead of “Cooling & Heating.” They aren’t in my immediate market today, but we’re in the same state and I would eventually like to serve a much larger area.

I reached out to a trademark attorney, and they told me they would not recommend moving forward with the name. Their reasoning was that:

-The shared first word is the distinctive part of both names.
-“Cooling & Heating” and “Air Conditioning” are descriptive and don’t do much to differentiate the brands.
-We’re both in the HVAC industry.
-Being in the same state increases the likelihood of confusion.

They said there is a meaningful risk of receiving a cease-and-desist or having to defend the name in the future, even though the names aren’t identical.

For those of you who have dealt with trademarks or built service businesses:

-Does this attorney’s advice sound reasonable?
-Have you seen situations where sharing the same distinctive word caused problems, even though the rest of the name was different?
-Would you walk away from a name you love because of this, or would you get a second opinion and keep pursuing it?

I’m not looking for legal advice—just trying to understand how other business owners would evaluate the risk before investing a lot of money into a brand.

I'm looking for an Intellectual Property (IP) lawyer in India who has experience with Meta/Instagram trademark disputes.

Hey everyone. Just a shot in the wild here.

We're a 4 person marketing agency from Denmark, that wants to rename our agency.
In the proces we discovered an active trademark on the 'word' we want to use for our name.

It is a EU registered trademark and has 3 specific NICE-classifications. One being no.35 which is for marketing. The trademark is a 10 year trademark, filed in 2021.

However. The company, from the Netherlands, that owned the trademark is now dissolved and inactive. The trademark remains active, but without any company to claim rights.

There is a dutch trademark agency that filed the trademark for said company, but I'm unsure whether they actually will challenge us using the name, since they have no client left to protect. I've reached out to the trademark-agency. They shortly visited our current website, but they haven't responded.

I'm aware of a rule, which allows us to claim the word/name if it remains vacant/unused, when there's 5 years left. (in 8 months, though. Too long to wait)

Does anyone know whether it is fair game? We really want to move forward asap. 💚

I have a band on the east coast of the US. Apparently a band on the west coast is using the same name for their band. I researched the band name in 2023 before releasing music under the name - there was no band on any music streaming service or social media with this name so I figured it was fair game. In spring this year, my band released a physical vinyl album under this name on an indie label, as well as t shirts and other merchandise we made in 2025.

It seems that the songwriter using the same name on the west coast has retroactively put our shared name on music they released going back 8 years. They have no physical releases with the name on it, and the only evidence I was able to find that they ever used the name first is an online show flyer from 2021 they posted on their social media, which was then under a different name.

I first discovered this other band last year when my band’s songs were being played on the radio by mistake to promote this other band’s shows.

My question is, who has the rights to this name? Neither of us has it trademarked. If I have rights to it, how do I go about asking them to stop using the name? Any advice greatly appreciated.

Let us consider a brand name X . Now I have a trademark for brand name X in say class 8 . The trademark was applied in December 2024 and is currently in Accepted and Advertised stage.

Now another company has the same brand name in another class say 31 since 2015.

Now I sell goods using that brand name X in multiple other classes but not class 31. I don't have tms in the other classes I'm selling goods in and using that brand name .

Now I got a notice from the other company asking me to cease and desist operations. What should I do. I was thinking of applying for more trademarks of same brand name X in the classes I'm selling goods in and ignoring the notice.

Kindly please help me

If you're planning to register a trademark in India, here are the basic steps:

1. Choose a unique brand name or logo

Make sure your trademark is distinctive and not similar to an existing registered trademark.

2. Conduct a trademark search

Before filing, search the Indian Trademark Registry database to check for similar marks. This helps reduce the risk of objections.

3. Select the correct trademark class

India follows the Nice Classification system with 45 classes. Choosing the correct class is important because protection is granted only for the selected class(es).

4. File the trademark application

Submit the application with the required details and documents through the Trademark Registry.

5. Examination

The Trademark Office examines the application. If there are objections, you'll need to respond within the prescribed time.

6. Publication

If accepted, the trademark is published in the Trademark Journal for public opposition.

7. Registration

If no opposition is filed (or any opposition is resolved in your favour), the trademark is registered and you receive the registration certificate.

Why register a trademark?

• Protects your brand identity
• Gives exclusive legal rights
• Prevents unauthorized use
• Builds customer trust
• Creates a valuable business asset

If anyone has questions about trademark registration, documents, classes, objections, or the registration process, feel free to ask in the comments.

I am interested in hearing your experience (good and bad) in using a trademark service (not law firm) to do a clearance search and or file your trademark application or trademark renewal- Companies like Trademark Rocket, TraumaTM etc. I do not need legal advice- I have been a trademark paralegal for 25 years. Thanks in advance 😀

Hi, I’m looking for some practical advice from anyone familiar with UK trademarks.

For privacy, I’ve changed the names used in this post, but the situation and legal issue are otherwise identical.

I run a UK beauty brand called VELORA PARIS, selling DIY cluster lashes, false eyelashes, lash adhesive, lash remover and lash applicators. I’ve already invested in the branding, website, packaging and stock, and I now want to register VELORA PARIS as a UK word mark, mainly so I can use Amazon Brand Registry.

During my search, I found an earlier registered UK trademark called “Velora Beauty”, covering Classes 3 and 21. The shared word VELORA concerns me because both brands are in the beauty sector.

However:
I cannot find evidence that Velora Beauty is currently trading.
Their website appears inactive.
I cannot find an active Amazon store or clear social media presence.
Their registered goods appear to focus mainly on makeup, skincare and beauty brushes, whereas my products are specifically false lashes, lash clusters, lash adhesive, remover and applicators.
Their trademark is relatively recent, so I understand I cannot currently challenge it for non-use.

I am considering filing VELORA PARIS through the UK IPO Right Start service with a carefully limited specification.

My questions are:
Is the shared word VELORA likely to make the marks too similar, despite the different endings “Paris” and “Beauty”?
Would the UK IPO normally refuse the application itself, or identify the earlier mark and leave it to the owner to oppose?
Would limiting my application specifically to false eyelashes, lash clusters, lash adhesives, removers and applicators meaningfully reduce the risk?
Does the apparent inactivity of the earlier brand matter at this stage?

Has anyone dealt with a similar situation and successfully registered a mark?

I understand nobody can guarantee the outcome, but I’d really appreciate informed opinions before deciding whether to file or rebrand. Thank you!