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Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.
answered on Nov 8, 2024
The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More
answered on Oct 30, 2024
This patent is alive and active.
In general, patent terms expire 20 years from the date of filing. This patent was filed on December 17, 2010.
In some cases, the applicant can request a patent term extension. This applicant received an additional 66 days to its term.
This... View More
If I write my own lyrics and use Suno AI to generate music, can I use the resulting song in YouTube videos without copyright issues? The lyrics are mine, but I want to ensure there are no problems with the music from Suno. If there are potential copyright concerns, what steps should I take to... View More
answered on Oct 3, 2024
In addition to what Mr. Parron contributed, I would recommend reading the Terms and Conditions of Suno AI to determine what you can and cannot do with the resulting product. You need to learn as much as you can about the AI and how it was built so that you can determine if the output might infringe... View More
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
answered on Oct 1, 2024
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is... View More
Can I use the word "DeMolay" as a motorcycle club name if the name is trademarked?
answered on Oct 1, 2024
It depends. The registered trademark must claim specific classes/listings. In general, your use must not conflict with those classes/listings. There are exceptions in U.S. Trademark Law (i.e., the Lanham Act) if the owner of a trademark is considered to have a "famous" mark.
The... View More
Am I protected with my copyright or does the trademark override my copyright?
answered on Sep 26, 2024
Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.
In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be... View More
If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?
answered on Sep 5, 2024
Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More
Hello, I used the expression 'BOYMOM' in my etsy store without knowing that it was trademarked. The product has been disabled by Etsy. I told the brand owner that this was not used intentionally and asked him to withdraw his complaint on this issue. However, he stated that he would not... View More
answered on May 21, 2024
You are asking if you have a defense to allegedly committing trademark infringement. I do not think any lawyer will answer that question in a public forum.
A trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your... View More
I want top register an expired trademark I see online
answered on May 21, 2024
A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More
answered on May 15, 2024
The short answer is "most likely, yes."
The M*A*S*H trademark is limited to "a comedy television series."
The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 8, 2024
Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.
You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
It is not a registered business or trademark. They only have the domain name.
answered on Mar 21, 2024
This is potentially a problem.
Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.
Federal trademark... View More
answered on Mar 20, 2024
At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.
The first step is to consult a... View More
Here is our TM information - it looks like it was trademarked as a word and not a logo, is that what you see?
Serial Number86491013
Registration Number4790337
Word Mark - CIRRUSSENSE
answered on Oct 18, 2024
Correct. A "standard character mark" means a word mark.
Word marks are the strongest type of trademarks because you can use any font or color, and there is no accompanying graphic design analysis required when you consider the likelihood of confusion factors for trademark infringement.
probably expired, is there anything we can do with it?
answered on Oct 8, 2024
In a nutshell, the owner of a patent registration gets a 20 year monopoly (from the date the application was filed) in return for giving it to the public upon its expiration. Once it enters the public domain, anyone can make and use the invention.
Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)
I am curious about doing this as a hobby activity. I... View More
answered on Oct 7, 2024
The USPTO provides assistance to pro se applicants. You can find more information here:
https://www.uspto.gov/patents/basics/using-legal-services/pro-se-assistance-program
answered on Sep 25, 2024
Nope. The trademark registration does not have to cover every service/good you provide. However, if selling prints is something that you want to do long-term, then it would be smart to contact a trademark attorney and file an application to add that service to your existing trademark registration.
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