Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the...Read more »
is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?
My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »
I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:...Read more »
In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2
* Are your goods/services in the same class as the...Read more »
I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!
Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.
The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.
The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney...Read more »
I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »
It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.
It is best to consult with an intellectual property attorney to...Read more »
I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.
To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered....Read more »
As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »
Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is...Read more »
Any particular details I musn’t have in common - character relationship dynamics, certain specialties that make a show distinct (as far as I know, psychiatry makes Chicago Med somewhat distinct), following a seasonly promotion, etc?
Also, are there any other things to worry about legally... Read more »
You’ll probably want to make the medical scenes in your drama accurate but not so much because of a legal reason. Professional screenwriters often use medical consultants to provide realistic context to their stories for film and television.
Scripts also go through extensive clearance for...Read more »
Me and my friends decided that we would make a open source version of Kahoot! that also revolves heavily arround data privacy and ease of use. We dont store any data for an extended ammount of time and all accounts are generated with a key pair thats discarded after use. The quiz creation is never... Read more »
My advice is to adopt a completely different and distinctive mark. KAHOOT! is a distinctive and arbitrary word mark, registered for a similar service and software as what you propose. As you admit, KAHOOT! has a strong association with the word quiz genre, so there is a substantial likelihood of...Read more »
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »
There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.
The term "common law" indicates that the trademark rights that are...Read more »
It will be impossible to answer your question without specifics. In copyright, there would be two issues: 1) whether the character(s) you are copying are copyrightable (this will depend on how well delineated the character is and how central to the story they are) and 2) whether your characters...Read more »
Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... Read more »
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