Utility patent terms are 20 years from the filing date (plus any possible patent term adjustments). The U.S. patent 4,784,433, "Portable sunshade for infants in vehicles" has expired in 2008. Once a patent expires, it becomes a public property. Everyone can make it or use it without...View More
Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.
There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products....View More
We are looking to start a brand called "Etched", however, we noticed that Etched was already trademarked. We would be selling stationery supplies (journals, notebooks, sketchbooks, etc.). It appears the trademark is for clothing items, but we wanted to make sure it was okay before jumping... View More
Trademarks are used to identify the source of goods and services and may be rejected if they cause consumer confusion as to the source of those goods and services. Your trademark application may be rejected if it is confusingly similar to an existing mark for similar goods and services. Your mark...View More
I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?
Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or...View More
If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)
When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the...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.