All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... Read more »
answered on Jan 12, 2023
Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... Read more »
Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.
answered on Nov 30, 2022
The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.
What I can definitely say, from the point of view of intellectual property law and trademark law, it... Read more »
Can I preform myself?
answered on Oct 12, 2022
That registration for the mark DOGTAGS used for trading cards was cancelled in 2005, for failure to file the required statement of continuing use, and cannot be revived or renewed.
You could file a new application to register the mark and include the reference to the prior registration, but... Read more »
I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo
answered on Jun 9, 2022
Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.
When you ask if you need to "trademark" your brand name and logo, what you are really... Read more »
I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .
answered on Feb 24, 2021
Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... Read more »
I have came with that name for a total opposite of this trademark can I still use it and copy right a different area of this brand
answered on Jan 16, 2021
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... Read more »
answered on Jul 8, 2020
Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check... Read more »
answered on Oct 25, 2019
It happens all the time
you need to do a serious analysis to make sure you are not stepping on anybody's rights
represent you personally?
answered on Jul 1, 2019
If the LLC is structured properly and the business is run in accordance with that structure, then yes. However, most lay business owners do not structure the LLC properly and do not run the business in a manner that allows the LLC to shield its owners from liability. You may schedule a free intro... Read more »
If you have LLC'd your company can a federal court take your personal assets?
answered on Jul 1, 2019
This is too broad a question to be answered without specific details.
A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action... Read more »
I am from Kansas. I am going to start a citizen journalism youtube channel. Do I need to copyright or trademark the name 'The Citizen journalist'. I was told that if commerce happened under the name that it is auto trademarked to me, is this true? If commerce under the name does lock... Read more »
answered on May 22, 2018
You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource: https://www.upcounsel.com/common-law-trademark
I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... Read more »
answered on Apr 17, 2018
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... Read more »
answered on Jan 29, 2018
To contest a trademark, you need to retain and attorney to file either file a opposition or cancellation proceeding, depending on the status of the registration. I am unsure what you mean by "placing a trademark."
answered on Dec 12, 2017
This needs to be assessed privately by a lawyer. You don't want the answer in a public forum like this. Plus it requires some analysis of your business, and the existing trademark registration to provide you with the answer you are seeking. I recommend you hire an intellectual property lawyer... Read more »
answered on Sep 17, 2017
Short answer: Maybe.
Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.