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Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.
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answered on Jul 2, 2023
FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More 
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict?... View More
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answered on Jun 24, 2023
PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More
My trademark # 86030052
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answered on Jun 16, 2023
Registration No. 4766801 (SN 86030052) for FROST COSMETICS issued in July 2015 was cancelled in January 2022, for failure to file a statement and specimen of continuing use as required by the sixth anniversary of registration. This cannot be cured, but a new application for the same mark could be... View More
I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?
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answered on Jun 8, 2023
First, before you commit to using a specific text and/or design as the trademark, you should consult an experienced trademark attorney to perform a search and opinion that the proposed mark is not confusingly similar to any other mark in use (whether registered or not) and is sufficiently... View More
How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you
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answered on May 30, 2023
The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.
If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the... View More
I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More
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answered on May 25, 2023
Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... View More
If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it
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answered on May 24, 2023
The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.
You... View More
I am a seller on Etsy. Somebody has been harassing me for 22 days and they claim my art is theirs.
I asked for proof but refused. After 18 days, they listed traced versions of my work onto Etsy. I DMCAed them with Etsy's system, siting my "authorized works" as the ones on... View More
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answered on May 3, 2023
The copyright law provides a remedy for damages from false (fraudulent) DMCA claims, under 15 USC section 512: "any person who knowingly materially misrepresents under this section ... shall be liable for any damages, including costs and attorney's fees."
So you can sue in... View More
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answered on Apr 30, 2023
Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
In section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news... View More
I purchased a company in 2011. They had previously produced videos and copyrighted these videos. Do I own the copyrights to these videos? If so, how do I make that claim?
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answered on Apr 23, 2023
If you acquired all the assets, that would include both tangible and intangible assets such as copyrights and trademarks. The purchase agreement should make it clear what was transferred. The company may have registered the copyrights, in which case you need to record assignments of the copyright... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
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answered on Apr 10, 2023
The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.
But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely... View More
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More
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answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... View More
This information is regarding to a assignment on trademark of the particular topic. I had choose Lacoste as my topic. So i would like to get the information about the trademark of lacoste.
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answered on Apr 10, 2023
LACOSTE has been registered in the US for use on apparel since 1969, and since then has also been registered for use on toiletries, perfumery, shopping bags, sunglasses, tennis rackets, tennis balls, watches, retail shops, luggage, bed & bath linens, and masks. There are currently 12 active US... View More
Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time
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answered on Apr 3, 2023
Based on experience registering and litigating trademarks in video games, I can assure you they are very important elements of protecting your exclusive rights not only in the game's name but also game features. You would be wise to file an "intent to use" application as soon as you... View More
The name of the place is “Vantage Sports Co.” and I want to create a clothing brand named Vantage Sports.
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answered on Apr 2, 2023
This is a trademark question, not copyright.
VANTAGE SPORTS is a registered trademark for an online service to analyze sports statistics, VANTAGE SPORTS INC is a company whose business includes the wholesale distribution of sporting goods, and VANTAGE APPAREL is a company specializing in... View More
I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?
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answered on Mar 15, 2023
Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.
You have no... View More
I have a Youtube channel where I review games in video form. I want to trademark the name, but I found a website that is very old with the same name that reviews games in written form. However, I have not found any trademark for the website, and the website is only updated once per year from what... View More
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answered on Mar 13, 2023
First: trademark is a noun, not a verb. You may USE a trademark, and you may REGISTER a trademark. If you have been using a trademark to identify a source (on YouTube) for videos of game reviews, then you could apply to register that use in International Class 041 (entertainment and instruction).... View More
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
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answered on Mar 13, 2023
It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.
The title format "the new ... revue" could... View More
I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More
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answered on Mar 9, 2023
CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.
Your mark CREATINE MONOHYDRATE GUMMIES... View More
The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.
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answered on Mar 7, 2023
Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced... View More
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