It is virtually impossible to provide generalized best practices in just a few paragraphs, as registering a trademark with the USPTO is a fact-specific, multi-step process.

If you'd like to register your trademark yourself, the USPTO has a free virtual bootcamp that teaches the basics... Read more »

Based on experience registering and litigating trademarks in video games, I can assure you they are very important elements of protecting your exclusive rights not only in the game's name but also game features. You would be wise to file an "intent to use" application as soon as you... Read more »

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answered on Apr 6, 2023

Congratulations on the upcoming release of your game! Protecting your intellectual property through patents and trademarks is an important step in safeguarding your game and brand.

Here are some best practices to consider when it comes to patenting and trademarking:

Conduct a... Read more »

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answered on Mar 29, 2023

Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... Read more »

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answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can... Read more »

I am sorry, but it's difficult to determine what your question is, but your concerns could be many.

https://trademarks.justia.com/870/51/uprise-87051548.html

What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark.... Read more »

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open... Read more »

Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company... Read more »

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs... Read more »

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.

You are not... Read more »

Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... Read more »

When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type... Read more »

A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And... Read more »

Generally, creating and selling branded items with someone else's trademark, like a professional sports team, is trademark infringement and is against the law. In most cases, making 3D printed objects is fine. If you are creating and selling copyright protected characters, you could run into... Read more »

The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your... Read more »

You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a... Read more »