I agree with Attorney Steve as to the issue of registration conflicting with a prior trademark owner’s rights. Yet, it is probably advisable for you to be proactive, not simply reactive. You should strongly consider filing USPTO trademark registrations for your domains in available product... View More

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answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law... View More

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More

Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a... View More

What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... View More

If you had an application in progress to register the mark, and it was not completed, it cannot be revived.

Since you refer to both a "logo" and a "name", I infer that the mark had both a text component and a design component. It is possible to register just the text... View More

I would just like to add that before you start a new registration application, you must conduct a common law clearance search for your mark, covering every single U.S. geographic market. The Lanham Act does grant a presumption of exclusive use throughout the territorial US to the first successful... View More

This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... 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

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

The Lanham Act prohibits using a same or similar mark if it is likely to cause confusion among consumers. You need a comprehensive brand research analysis to answer your question, as trademark ownership in the US is segmented based on use in commerce in any part of the territorial United States.... View More

The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.

If your use of the mark for services in class 41 was prior to the date of use in the newly filed application, it would be wise for you to file an application in that class (citing your existing registration in class 25) so that it will be noticed by the examiner of the other applicant's... View More

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More

Maybe. You must consult with an attorney. The original owner may have rights to the brand.

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... View More

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need... View More