Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... View More

The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... View More

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More

Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.

No, the trademark system and domain name system are separate systems of rights and ownership.

Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... View More

I believe more information is needed to give you a better answer. Is there a particular person or entity that you believe has rights to that name? Are you using that name in other ways? What made you believe that there may be a legal issue here?

There may be other intellectual property... View More

Hello, please feel free to email me at benjamin@korraylaw.com to set up a phone call to discuss your questions about trademarks.

Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And,... View More

Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... View More

In order to ensure that the trademark is available you’ll need to perform a clearance search which includes the trademarks in your same class of goods / services as well as other classes of goods / services that may overlap with what you plan to sell. In addition to the federal trademark... View More

The trademark process is usually done in two steps. First, you’ll need to perform a clearance search to ensure that the name is available and that there are no “confusingly similar” trademarks. Then, if the name is clear, you can protect the name by submitting a trademark application through... View More

Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you... View More

Hi, the answer is maybe. It may be available on the Federal Level (the USPTO) but it depends on the way it was filed and what other trademarks are in existence. With trademark conflicts, the USPTO looks at what they consider other "confusingly similar" marks. Then, you also need to... View More

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More

It depends. There are trademark rights on the local, state, and federal level. Just because a trademark was abandoned does not mean that it is available. However, it is a good indication that it might be available. If you have any further questions feel free to reach out to me at... View More

Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... View More

Hello, to file for protection for your logo (on the Federal level) you can submit an application online via the USPTO at the following link: https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms

You will need to file the trademark as a "design... View More