Get free answers to your Trademark legal questions from lawyers in your area.
The trademark name that I would like to use will be placed on workout gloves strictly used in a gym. The other company that has the trademark is using it on gloves that are strictly for use to play golf. Will I still be able to pursue the trademark or the industries are too close? Would really... View More 
answered on Jul 2, 2017
That sounds like infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
answered on Jul 1, 2017
You need to run an IP conflict search. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
The mark I am filing for is:
"eventpro marketing" - Continuing education services, namely, providing live and online continuing professional education seminars in the field of internet marketing; development and dissemination of educational materials of others in the field of... View More
answered on Jun 29, 2017
It depends on the business and location of each company. There might be overlap here and thus confusion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
Say a company has a performer. The performer creates something that benefits the company, and for the most part is funded for and by the performer (be it cameras or lighting, etc). Unfortunately things don't work out while renegotiating a new contract and the performer leaves the company and... View More
answered on Jun 22, 2017
What are the terms of the contract re: the IP in question? If silent, the performer may have the IP rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I have a trademark case against a software company based in the U.S. I am the first to use the name 2years ahead. As I officially used and registered in 2013 while this new company started use of name and similar logo design in 2015.I am currently bankrupt from my innovations due to research etc. I... View More
answered on Jun 20, 2017
You can try. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More
EXAMPLE. YOYOapple.com is a male clothing line since 2004 based in thailand, with a branch in germany. Me, I acquired apple.com and wish to do an online store and sell furniture,Home & kitchen, books, accesories, electronics, BUT I also want to sell clothing, like old navy, calving klein,... View More
answered on Jun 15, 2017
Trademarks are specific to product/service type and location. You establish the type of product/service by sales or by choosing the type during registration. You establish location either by sales or by registering in a given state or country. You would infringe Apple's trademark by using the... View More
thanks
answered on Jun 13, 2017
Abandonment means that an application has been filed with the Patent and Trademark Office, and the Office found some deficiency in the application that requires a response from the Applicant, but the Applicant failed to respond within a set time period so the application has been denied.
An... View More
Original and remix sounds like generic worlds to me. Or it is not? Can someone register "Merry Christmas" and sue everyone for IP infringement if they print t-shirts with "Merry Christmas"? Can I start selling t-shirts with name "Original" and "Remix" in a... View More
answered on Oct 5, 2017
A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".
I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.
If you have any other... View More
I sell musical instruments online and most of them are imported from China. Recently my listings were removed from eBay for trademark violation. I was surprised because I imported them through legal way, then I found out that the shape of the instrument has already been registered and covered by... View More
answered on Jun 5, 2017
You both may be liable - you as seller, and them as manufacturer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
The idea is to impersonate various fictional characters from various forms of entertainment, such as Mario (Nintendo video game) or Gollum (Lord of the Rings), reading various public domain works of fiction in as close to the character's syntax as possible ("And the princess pricked her... View More
answered on Jun 1, 2017
This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
This pen name would be my stage name for me to fully identify with at all times. Thus, in order to keep my real identity secure and private from anyone doing some research looking to discover the publishing artist real birth given name.
answered on May 30, 2017
You can use any name you want to, as long as you don't defraud anyone or evade a tax. On tax returns they'll ask you for both. But those are confidential. It's called a pseudonym not a pen name, which is a term used for writers.
So, I'd say no. Names can be protected,... View More
answered on May 24, 2017
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as... View More
If not, can I list under "precious metals" or "Computers and Scientific devices". I'm sellling a product similar to fitbit fitness trackers wristbands. "precious metals" include watches.
answered on May 24, 2017
Being tricky with the category is not the answer here. You should make sure you have a creative trademark that is not apt to cause brand confusion among typical consumers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More
I plan to start a Princess Party business for children. Ideally, I will dress & act as Elsa from Frozen and then develop other Disney Princess Characters. If I do need to purchase rights or a license how do I go about doing so?
answered on May 16, 2017
Yes, you must request a license from Disney. Contact their corporate offices.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
Basically, I used the song for inspiration for characters, setting, and plot. The reasons, some events, names, and everything else will be from my imagination. And some characters will say some lines from the song word for word in conversation (not song). I will not have the actual song sung... View More
answered on Jul 17, 2017
A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.
Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could... View More
" Kiss My Face " has a lot of marks . Is there a conflict? Will I have a problem with my brand if I register it
answered on Apr 19, 2017
You may encounter a trademark complaint. Why not be more creative to differentiate your company?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
answered on Apr 17, 2017
You can register trademarks at the USPTO and copyrights at the US Copyright Office. The cost varies depending on facts but could range in the low thousands if you hire an attorney to do it properly. More details are necessary to provide a professional analysis of your issue. The best first step is... View More
answered on Apr 5, 2017
Check with the USPTO re: filing fees. Attorneys fees may be significantly more costly, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I'm an EU citizen. I'm interested in trademarking a tagline for my UK company in the US. Does the company need to be registered in the US for me to apply for a trademark? And if so, is it necessary to be a US citizen to register a company in the US? I appreciate your assistance! Best regards!
answered on Mar 27, 2017
If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent... View More
answered on Mar 24, 2017
Usually, yes. See: https://www.uspto.gov/page/about-trademark-infringement
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
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