Lawyers, Answer Questions  & Get Points Log In
Questions Answered by London Davenport
1 Answer | Asked in Trademark for Florida on
Q: If I have a trademarked name let's say SliderMan, can someone come along and call himself Dan tthe SliderMan in FL?
London Davenport
London Davenport answered on Apr 15, 2021

The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease... Read more »

2 Answers | Asked in Trademark for California on
Q: Looks like there are lots of PURSUIT trademarks. Can I add one more?

Pursuit is a mens fitness program. Can I get a trademark for it?

London Davenport
London Davenport answered on Apr 15, 2021

You should hire an attorney who can complete a trademark search for you and make sure that a similar mark does not exist in your specific class of services. It is impossible to answer "yes" or "no" without completing a comprehensive trademark search.

View More Answers

2 Answers | Asked in Business Formation and Trademark on
Q: hi! if i want to buy this trademark how do i move forward?
London Davenport
London Davenport answered on Apr 6, 2021

If the trademark is already registered you can reach out to the owner of the trademark and see if they are willing to sell it to you. If you would like to register a trademark, you can file the application with the USPTO. You should contact a trademark attorney if you need assistance with this... Read more »

View More Answers

3 Answers | Asked in Trademark for New Jersey on
Q: Can others use our company name if we are trademarked?
London Davenport
London Davenport answered on Apr 5, 2021

Additional information is needed to answer this question. They may or may not be able to use the name depending on what type of goods and services they offer compared to your goods and services. If you are concerned about trademark infringement, you should hire an attorney to enforce your trademark... Read more »

View More Answers

2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

London Davenport
London Davenport answered on Mar 22, 2021

Identical trademarks can be registered in different classes of goods or services i.e. COACH for handbags versus COACH for educational services. Two identical trademarks, however, cannot be registered in the same or a similar class due to likelihood of confusion. You should consult with a trademark... Read more »

View More Answers

4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

London Davenport
London Davenport answered on Mar 12, 2021

Yes, you should hire a trademark lawyer to respond to the Office Action for you. Make sure your response is submitted prior to the deadline stated in the Office Action.

View More Answers

1 Answer | Asked in Copyright and Trademark on
Q: If I include word "gucci" in my merch that I want to sell online, is that illegal?
London Davenport
London Davenport answered on Nov 23, 2020

Gucci is a registered trademark in the United States. This means that the trademark owner can bring legal action to prevent others from selling goods and services similar to the ones associated with their trademark under the name Gucci and "infringing" their trademark ownership rights.... Read more »

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.