Trademarks are registered within classes of goods and services, and the same mark may be allowed to be registered in different classes if there is no likelihood of confusion.

LAWYER UP VIRGINIA (reg 6329342) is registered in Class 45 for attorney services. (The word VIRGINIA in this... View More

You need to consult with an attorney for a review of your options.

The U.K. and some other countries allow a single registration for a series of trademarks. In the U.S., distinctively different words or images are registered individually.

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... View More

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

Probably not

You should consult an attorney to evaluate your options and risks

Maybe

Depends on whether other trademarks are similar or share elements that can confuse a buyer

Consult with an attorney

Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)... View More

Possibly, trademark cancellation refers to the trademark's registration. The mark may have been cancelled as a result of an opposition proceeding by a competing trademark owner or the USPTO may have cancelled the mark for failure to maintain required filings, in which case this trademark... View More

You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly... View More

Many basic words are used as trademarks. Your use of even a part of the trademark in the same category/class of goods may be confusingly similar to consumers and will likely be deemed as infringement. Also, the trademark office may reject such an application for registration on the basis of... View More

While the designation on the USPTO may say "abandoned", it does not mean that the owner of the mark is not continuing to use it. It just means that the person failed to deliver the materials/information required by the USPTO to proceed. It would be good for you to do a thorough search... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

Probably not if the copyright in the song is still active.

In the United States, trademark rights under common law are based on priority of use, not registration. It is possible that this trademark owner has continued to use the trademark, but just simply failed to file the necessary maintenance failings in order to keep the registration alive. Your use... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2020

Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.

Robyn T. Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2020

If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.

Robyn T. Williams... View More

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... View More

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... View More

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... View More

You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.