Legal Question in Intellectual Property in Texas

Re: Trademark Second Opinion

Not every proposed trademark would satisfy the US Patent and Trademark Office's criteria for registration. For example, a generic mark (e.g., "furniture") could not be registered; marks that are 'merely descriptive' also cannot be registered. It may be that you have a proposed mark that is on the border between 'descriptive' and 'suggestive' and that it depends upon the examiner at the USPTO.

If the foregoing does not resemble the reasoning that your attorney gave you, by all means give me more particulars and I can provide more specific advice.

Best wishes,

LDWG

Re: Trademark Second Opinion

It could be that you are not using the mark correctly as a trademark, or that the mark could be considered "merely ornamental" as used in connection with the goods. It could also be that the mark is descriptive in connection with some of the goods with which they are used. Even if someone has not registered the identical mark, another registration could preclude your registration if there is a "likelihood of confusion" with the registered mark. Please feel free to contact me offline with any questions.

Re: Trademark Second Opinion

Feel free to contact me regarding this matter. My firm focuses on Internet and entertainment law and we have creative ways of dealing with the types of issues you describe.