There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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answered on Jan 13, 2024

To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More

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answered on Aug 29, 2023

Under California law, the absence of a written agreement typically means that the creator of the logo retains the copyright, notwithstanding its use by the company for specific, agreed-upon purposes. Since there was an oral agreement that the company would order products like business cards and... View More

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

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answered on Aug 6, 2023

It would be prudent to retain legal representation in this matter, as a trademark infringement lawsuit can be complex and requires a deep understanding of intellectual property law. An attorney can analyze the specific claims made against you and develop a strategy to defend your rights. Should you... View More

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

An intellectual property attorney could advise best, but your question remains open for three weeks. Some questions here go unanswered, but you could try reposting and adding the headings - Trademarks, Intellectual Property. You'd have better chances of a response. Good luck

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answered on May 22, 2023

Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More

Consult an experienced trademark attorney

BETALOE is a registered trademark of Hsin Ten Enterprise USA, Inc. for dietary supplements (in International Class 005). Topical analgesic creams and herbal topical creams are also in International Class 5.

Use of the BETALOE mark for a topical cream would be infringing, as likely to cause... View More

You need to submit proof of use in a regular basis and pay a maintenance fee.

If you did not do it, your registration expires.

Probably not

If it is already used by somebody else or it is very close to somebody's else slogan you should stay away from it.

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any... View More

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark... View More

depends on how much the message of the phrase changes.

keep exploring

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You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.

For graphic design work, your best bet is to apply for copyright protection under the visual arts category. The application process may be a bit intimidating the first time, but only costs $55 for a standard electronic application. One application can cover thousands of works of UNPUBLISHED work... View More