Get free answers to your Trademark legal questions from lawyers in your area.
I want to start a small clothing line and would like to use a character and font design of Street Sharks. Street Sharks was a cartoon in the 90s.
answered on Mar 22, 2017
Parody defenses to trademark are subject to limitations. See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
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,... View More
The designs were taken down from my store at www.ZAZZLE.COM for false reasons but later restored when I was proven innocent. The incidents happened on two different occasions but for the same circumstances, once in 2016 and another in 2017. I gave them good faith the first time because I assumed it... View More
answered on Mar 17, 2017
You may need to provide Zazzle with proof of the other party's abuse and evidence of your IP ownership. You may also need to sue the other party for any applicable torts, possibly including libel and intentional interference with contractual relations. More details are necessary to provide a... View More
For example "ABC" is what I will trademark and under that name I'd like to branch to music and clothing. For example, "ABC Clothing" and "ABC Records" Do I need to trademark each of these or are they covered under the initial "ABC" trademark?
answered on Mar 8, 2017
Each trademark needs to be individually registered. See: https://www.uspto.gov/trademarks-getting-started/trademark-basics
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... View More
I just want to name my personal work spot and I don't want the name to be taking or me get in trouble
answered on Feb 18, 2017
You can trademark names through the USPTO. See: https://www.uspto.gov/trademark
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,... View More
Is this a conflict between the two companies with the same name if they offer similar goods/services and but are in different countries?
answered on Feb 1, 2017
It depends on whether they're both operating in the USA. 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. I practice law in CA, NY, MA, and... View More
The other company is multinational nearest location is LA - but we are near SF - is that violation?
answered on Jan 27, 2017
You may want to look for a different name.
If the other company is a multinational company, then the company most likely already has a registered trademark on the term REVIV. See, http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4802:95aqge.1.1 If so, and if your service is... View More
im a music producer building my name very quickly. and working on some projects that will be publically released from record labels and such
answered on Jan 17, 2017
Trademarking is not particularly expensive if there are no disputes from opposing parties. The more important consideration in your business should be using professional contracts, setting up your business infrastructure, and other work that a skilled business lawyer can provide you. The best first... View More
answered on Jul 13, 2017
Why do you want to buy an abandoned trademark? What benefit do you hope to get? Will buying the abandoned trademark confer that benefit?
It may be helpful to look at tutorial material at www.uspto.gov.
It seems as though you may wish to consult with an attorney to see what legal... View More
For example I see many Daphne out there, with different spelling, or added words, accents, and in various industries. If I trademark Daphne "something" that doesn't exist yet, is it feasible and protected? Or can existing trademarked Daphne or Daphne " Something-else" potentially sue me
answered on Jan 6, 2017
It depends on your business, its location, and the actual name you're seeking to trademark. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More
a company out of state called for me to remove my co name as it is similar. He filed trademark 2-2016. He owns since 2012 . Do I have rights to keep my company name? city did all including placing in newspaper few days when I registered it in 2009. My mistake was not filing a trademark. Do I have... View More
answered on Nov 29, 2016
Generally if you have prior use then you have a right to continue that use. Here as you began using the name in commerce in 2009 and he did not until 2012 you could show prior use. However you may want to discuss your situation with an attorney.
7EDU trademar, case 87095162
the company that owns SEVENEDU is located in Korea and they don't do business in America, they dont even have content in english, is this relevant?
answered on Feb 6, 2017
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. I practice law in... View More
For a software company.
answered on Feb 7, 2017
I think you're referring to a copyright, and I believe this phrase may be too generic for that type of protection. See: https://www.copyright.gov/circs/circ34.pdf
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More
We are protesting oil trains going through San Jose and want to use the Phillips 66 logo on our poster rail cars. Is this legal?
answered on Feb 7, 2017
This might qualify as fair use of the trademark since it's for criticism and thus protected First Amendment speech. See: http://www.dmlp.org/legal-guide/using-trademarks-others
More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
answered on Nov 25, 2016
Generally, a product is trade-marked, not a company name. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is intended for solicitation purposes. For specific advice, please consult an... View More
Pi for our brand stands for Postive Impact movement we call it PI for short. We have different logos as well but both in activewear space. Would that other company have any grounds to sue? Do I need to worry or change my name>?
Any advise would help.
Thanks!
Travis
answered on Feb 18, 2017
This forum is not the place for such in-depth analysis of possible IP 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
The way that perezhilton.com wanted his name to sound similar to paris hilton, would I be able to use the same idea for the kardashian name? If I do not claim to have any affiliation with the family and is just a celebrity blog?
answered on Aug 18, 2016
You need to consult an attortney who handles trademarks and the like. It may be you can if the site has a disclaimer.
AMC trademarked this phrase, but I didnt know if that applied only to concession stand sells? My show would be focusing on only the positives for movies weekly, rather than the harsh reviews, for people that just love movies. Thanks!
answered on Feb 24, 2017
You might be able to use that title since I don't hear confusion with the trademark in question, but why not come up with something unique to avoid litigation? See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
More details are necessary to provide a professional analysis... View More
I want to start a 501c3 (animal rescue organization). I have a company name I'd like to incorporate and have been doing my research and found one possible conflict. Say I want to register "Hope for Paws" but I come across a business called "Hope 4 Paws." It's not a... View More
answered on Dec 24, 2016
You sound very sophisticated and have already found your answer to some of the issues. It would be advisable to consult a local lawyer to be on the safe side. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting... View More
I am a Sole Proprietor, and the form is being processed.
answered on Feb 16, 2016
You can have multiple DBAs.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a... View More
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