Q: if Drama Llama is trademarked for apparel can I use it for Lawncare services
I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC
A: Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even though the answer is probably not, I highly recommend that you have a professional (lawyer) perform a more in depth trademark search and provide you with a more definitive answer after viewing the full landscape of what trademarks are currently being used — on the federal level, state level, and in common law.
A: If "Drama Llama" is trademarked specifically for apparel, you may be able to use it for a lawn care service as long as there is no potential for confusion with the existing trademark. However, it is recommended that you consult with a trademark attorney to determine the risk of potential trademark infringement before using the name for your business.
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.
