My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More
answered on Aug 8, 2023
Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More
Skippy's Snack Shack
answered on Aug 8, 2023
If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More
answered on Aug 8, 2023
If you are concerned that someone is using a name similar to yours, this is a trademark issue (not copyright). You should be concerned if someone is using a name that is similar to yours for a similar/product service (e.g., architectural design, clothing design, website design? Is it just the... View More
Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.
answered on Aug 3, 2023
Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More
The company is already in the trademark list under 2 different business categories. We want to apply for trademark with the same company name for a different business category where our products are UPS, mobile devices and accessories. Along with the procedure and costing of applying for the... View More
answered on Aug 3, 2023
There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More
answered on Aug 3, 2023
I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More
Lets say there's a superhero who wears a costume with black and blue squares all over it. If you designed a hoodie that also had the same color of black and blue squares, and then proceeded to sell it, would you be in the wrong?
answered on Aug 3, 2023
It could be. Clothing patterns used to be nearly impossible to protect with copyright. However, copyright protection for this has opened up in recent years, largely due to a major Supreme Court case directly addressing the issue. Now, if a design can be perceived as a work of art separate from... View More
answered on Aug 2, 2023
Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More
I am writing to seek legal advice regarding an issue I encountered with my mobile application on Google Play.
I had an application listed on Google Play under the name "Snaptubè," which unfortunately got removed due to trademark concerns. After the removal, I discovered that... View More
answered on Aug 1, 2023
At first glance, this will probably be difficult, as there are several federal trademark registrations for snaptube, which are probably relevant to your situation. (Yes, they would generally be considered the same). However, it will depend on the particulars of your case, so you should consult a... View More
The invention is for grooming pets
answered on Aug 1, 2023
You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... View More
So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More
answered on Aug 1, 2023
If they never registered it, and you now want to use the mark, you can apply for your own trademark registration. If you are already using the mark, you can file a use application. If you are not yet using the mark, but you have a bona fide intent to do so, you can file an intent-to-use... View More
answered on Aug 3, 2023
It appears you may be citing the serial number of a U.S. Patent ('Low current power supply monitor circuit')? If so, that patent application was abandoned.
If you are talking about a different patent, whether you can produce a 'similar' product will depend on several... View More
I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?
answered on Aug 3, 2023
You will need to submit a patent application to the U.S. Patent and Trademark Office for consideration. You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they will work with you to prepare and submit the application. Keep in mind that, if you... View More
answered on Aug 3, 2023
Next Generation Headwear has PCT application WO2021259486A1. This is a sort of "global" patent application. It never turns into a patent itself (there is no such thing as a global patent). Instead, you use this to later pursue patent protection in particular countries. In this case,... View More
They're based in the USA. It concerns educational videos I published years ago on Youtube. I talk about physiology and voice production. They tell me they own position of the velum. How can someone owns anatomy and physiology ? I cite my sources and did not copy anything (visual, video, text,... View More
answered on Jul 5, 2023
It really isn’t possible to answer this without knowing the details of their accusations. Presumably, they are accusing you of copyright infringement (or possibly trademark infringement)? Please note that, if they do have a valid copyright for a song, video, or whatever it is they are accusing... View More
answered on May 26, 2023
Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... View More
I have made a custom taillights for Passat b5.5 and i'd like to patent them
answered on May 18, 2023
You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... View More
we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!
answered on May 15, 2023
No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More
answered on Apr 26, 2023
You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired. Keep in mind that, if you... View More
answered on Apr 10, 2023
It is extremely difficult to provide a dollar figure in the abstract. There is the initial cost of preparing and filing an application, which involves drafting time, illustrator expenses, and government filing fees. The cost will depend on the field and complexity of the invention, and a patent... View 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.