Get free answers to your legal questions from lawyers in your area.
answered on Aug 1, 2021
Hi! The best way to do this would be to meet with an attorney. You'll have to show use of the mark in commerce, which can be difficult with a startup.
I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.
answered on Jul 30, 2021
Hi! I understand your apprehension! Your best bet would be to meet with an attorney and have a comprehensive search done. It may turn out that you are fine even if the same name has already been trademarked due to various factors such as category they are trademarked in, etc. But don't give up... View More
answered on Jul 26, 2021
What trademark are you referring to? My suggestion is to speak to an attorney and have a search done. Good luck!
I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... View More
answered on Jun 29, 2021
Hi!
I would recommend having a lawyer run a comprehensive search for you. This will allow you to find out if those other names are registered trademarks. If they are, you may have to rebrand. If they're not, good news! Then you should register yours so you don't have to worry... View More
I have searched USPTO and google for "Selfie Skin" and no company has trademarked this in the US and also no American brand is using that mark. However, this company in Australia has been using that mark for a few years. Their product is a Laser Hair Removal. Our niche is in face mask... View More
answered on Jun 19, 2021
Hi! Are they registered in the US? Otherwise they probably can't stop you. I commend you for getting a comprehensive search done!
answered on Jun 19, 2021
Hi! I would consult with an attorney but if your trademark was cancelled, you'll probably have to submit a new application. Good luck!
I would like to use a recognizable character name and image in a satirical blog/online content context. What are the parameters of parody law and fair use policy that would allow me to do so legally? If this question is off base, how could I alter or tweak the image to comply with fair use... View More
answered on Mar 7, 2021
Hi!
You are asking good questions but I think your best bet is to speak with an attorney so they can give you more specific advice. Copyright law is complex.
answered on Feb 15, 2021
What trademark are you seeking? An attorney will conduct a search for you and determine if the trademark is available.
What kind of recourse do I have? The dog was AKC registered and only 2 years old when we put him down. We have the autopsy records that show it is a genetic defect that caused its death.
answered on Jan 19, 2021
Did the breeder guarantee the dog's health or anything like that? You may have recourse but it depends on the particular facts in your situation. I would consult with an attorney.
I have fictional character I made for movies, music and books. I want to protect it and license it
answered on Jan 19, 2021
Hi! You can definitely trademark your character name, even without a business license or a business name. I would recommend consulting with an attorney to make sure that is the right action for your situation, but having a business name and license are not necessary for trademarking something like... View More
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... View More
answered on Dec 22, 2020
If Tower has the trademark, it doesn't matter that it was dead. They own it now. You could try to get them to share the trademark with you. I would definitely consult a lawyer. Good luck!
Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?
how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space
answered on Dec 22, 2020
It depends. Since you are in the same class, there could be confusion. However, the names are different. I would consult with a trademark attorney to make sure and possibly brainstorm a new name just in case.
answered on Oct 15, 2020
Yes, you absolutely can! It doesn't matter what you sell. If your business has a name, you can probably trademark it. I would speak with an attorney to make sure the name is available and not infringing on anyone else though.
answered on Oct 13, 2020
I would have an attorney do a search, but I would suggest staying away from that name.
answered on Oct 12, 2020
Hi! You likely can apply for this trademark. However, I would hire an attorney to take a deeper look at this trademark and see what, if any, office action was administered in order to make sure your application would not also be refused or anything like that.
and what are the fees
answered on Oct 12, 2020
Yes. You can definitely register in the U.S. You just need to use an Attorney from the U.S. or a contact here with a valid address.
So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?
answered on Oct 6, 2020
Hi! You might be okay, but I would recommend consulting with an attorney to talk more about potential issues with this name and logo. Trademarks is a complex area and it can be hard to predict what trademarks will be refused or ultimately get an office action.
He dug out under the fenced in area. Her cats roam freely but this happened on her property. I wasn't home so I don't know if that's true. I live in NY upstate
answered on Oct 5, 2020
Probably not. It depends on your local animal codes though. Generally speaking, a code will allow several incidents before euthanasia. Your dog may be labelled a "dangerous dog" though.
trademark for our club patch has expired brian is no longer part of our club i need ownership of patch
answered on Oct 5, 2020
If the trademark is expired, you should be able to simply apply for it and become the owner of it. If, however, you are seeking to get ownership of the trademark from a current owner, you can always get an assignment or transfer of ownership.
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.