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?
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...Read more »
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?
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,...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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)....Read more »
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...Read more »
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