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I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC
answered on May 6, 2023
Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... View More 
there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.
I am wondering if i have a registered trademark for... View More
answered on Nov 9, 2022
No, the trademark system and domain name system are separate systems of rights and ownership.
Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.
For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... View More
answered on Nov 8, 2022
The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... View More
answered on Nov 4, 2022
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
answered on Oct 27, 2022
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
If I did start the brand it would have my own original ideas and style. The only thing that would match would be the name BRAINDEAD, nothing else. Do you think I would still be applicable for a lawsuit?
answered on Dec 7, 2021
Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... View More
I use the name JollyGreen0502 and I use that on merch that I sell as well. I am worried about possible copyright infringement against B&E who has a trademark on the name "Jolly Green Giant"
answered on Jan 28, 2021
I believe more information is needed to give you a better answer. Is there a particular person or entity that you believe has rights to that name? Are you using that name in other ways? What made you believe that there may be a legal issue here?
There may be other intellectual property... View More
answered on Jan 18, 2021
Hello, please feel free to email me at benjamin@korraylaw.com to set up a phone call to discuss your questions about trademarks.
I have fictional character I made for movies, music and books. I want to protect it and license it
answered on Jan 18, 2021
Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And,... View More
Starting a small business creating personalized rugs and want to avoid trademark fraud.
answered on Jan 17, 2021
Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... View More
The goods and services that the dead trademark provides is not in the same category as what I want to provide
answered on Jan 17, 2021
In order to ensure that the trademark is available you’ll need to perform a clearance search which includes the trademarks in your same class of goods / services as well as other classes of goods / services that may overlap with what you plan to sell. In addition to the federal trademark... View More
answered on Jan 16, 2021
The trademark process is usually done in two steps. First, you’ll need to perform a clearance search to ensure that the name is available and that there are no “confusingly similar” trademarks. Then, if the name is clear, you can protect the name by submitting a trademark application through... View More
I have came with that name for a total opposite of this trademark can I still use it and copy right a different area of this brand
answered on Jan 16, 2021
Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you... View More
answered on Jan 15, 2021
Hi, the answer is maybe. It may be available on the Federal Level (the USPTO) but it depends on the way it was filed and what other trademarks are in existence. With trademark conflicts, the USPTO looks at what they consider other "confusingly similar" marks. Then, you also need to... View More
My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.
Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.
The entry did... View More
answered on Jan 15, 2021
It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More
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answered on Jan 15, 2021
It depends. There are trademark rights on the local, state, and federal level. Just because a trademark was abandoned does not mean that it is available. However, it is a good indication that it might be available. If you have any further questions feel free to reach out to me at... View More
I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?
answered on Jan 14, 2021
Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... View More
answered on Jan 14, 2021
Hello, to file for protection for your logo (on the Federal level) you can submit an application online via the USPTO at the following link: https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms
You will need to file the trademark as a "design... View More
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