Get free answers to your legal questions from lawyers in your area.
answered on Oct 26, 2020
It may show as dead because of a error in the calendar. A trademark attorney will have to review the history of the mark for information suggestive of your use as a good or a bad idea. You may be infringing if the renewal failure was an oversight.
See an attorney.
Trademark certificate states:
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”
What does this mean?
answered on Oct 26, 2020
That means you can't stop others from using the generic words except when selling the goods you sell when using the same or similar trademark phrase.
A few points:
• The series is completely different regards genre/style/look.
• I couldn't find the trademark registered on TESS or it’s UK equivalent (I’m British).
• The series doesn't appear to be well-known. The last book in the series was published... View More
Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?
answered on Oct 25, 2020
Your existing LLC can provide goods and services in more than one classification. The application regarding entertainment can be made on behalf of the existing LLC. Contact an attorney who is aware of Trademark law.
I signed an agreement on behalf of my company, he put down my info as 100% ownership, my date of birth incorrect, my title as owner, which is all incorrect. I didn't look it over. They wrote in an early termination fee after I signed everything so it was not stated before I signed. We want to... View More
answered on Oct 23, 2020
Were there witnesses other than "they" that the termination fee was included after you signed? If so then the potential for breach is increased as a factor allowing you to withdraw. The matters of dates, titles may be corrected as an administrative act.
It is presumed that a... View More
answered on Oct 23, 2020
Is "feasty" a made up word? Your use in commerce to identify the source of goods or services is use as a trademark. If you want nation wide protection then contact an attorney with Trademark experience who can file an application. Cost including the Federal Trademark Office filing fee... View More
A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... View More
Hello, I have a domain name and want to register a trademark for this name.
Looking through the US trademark search system, I see a live trademark with a name which could be considered word play on my name.
The goods and services is listed as:
IC 009. US 021 023 026 036... View More
answered on Oct 22, 2020
The opening statement re: similar in sight or sound for similar goods and or services is the definition of infringement. The similar name for computer program products is likely to confuse consumers - they think, "Which company provided the computer assistance we got last time?"... View More
answered on Oct 22, 2020
Patents do not protect ideas. Patents protect new structures that do something. In food processing of onions there are several patents for machines, which are structures, which cut the tops and roots from onions to prepare them for processing. Each machine has different structue and each are... View More
The approval date for a drug named BIKTARVY is 02/07/2018 and the date of the first-expiring patent is 11/04/2020. Meaning the amount of time between the approval date of the drug and the date of the first-expiring patent is 2 years, 8 months and 29 days. Why would it be too short and not a length... View More
answered on Oct 21, 2020
The term for a patent currently is 20 years from the date of filing.
Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.
answered on Oct 19, 2020
Infringement is similarity in sight or sound for similar goods or services. Many factors exist - when did you first use - are the goods / services similar - where is the opposing using the mark - how do you use the mark?
You will have to see counsel who will have to see all... View More
answered on Oct 19, 2020
Patents are for new structures which do something. It is the structure!! And it is a structural difference which does the same or a similar function which allows the issurance of a patent.
The word patent regarding inventions has a meaning similar to the meaning of the word... View More
I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... View More
answered on Oct 19, 2020
Issues may arise if your goods and or services are similar to those of the goods and or services of another business using WELCOME. Otherwise likely not. However you should be advised by Trademark Counsel.
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
answered on Oct 19, 2020
You can search for Federally Registered Trademarks at "USPTO.GOV" by selecting Trademark and searching the mark. Your comment "it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented" is answered as follows: The mark, as presented,... View More
My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... View More
answered on Oct 18, 2020
The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?
I am writing a book on Native American battlefields in the Midwest. Some of my source books have statements such as “No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,... View More
answered on Oct 18, 2020
It may be "fair use". However, certainty of not having a conflict can be. by getting permission.
answered on Oct 18, 2020
The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.
I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More
answered on Oct 17, 2020
Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More
the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... View More
answered on Oct 16, 2020
Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.
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.