Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Trademark Questions & Answers
1 Answer | Asked in Trademark, Business Formation and Business Law for California on
Q: I sell cosmetics. can my lipstick name be same as another companies lipstick name, like "princess" if they did not TM?

so I am going to sell fake eyelashes and I have names to list the individual characteristic of the lashes, but I noticed other companies have named their lashes the same name like "princess" or "duchess" etc. my business name is entirely original. Would it be ok to name an a... View More

Adam Studnicki
Adam Studnicki
answered on Feb 6, 2016

Best to talk to intellectual property counsel before making big investments.

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...
View More

1 Answer | Asked in Trademark for California on
Q: If a name is trademarked by a company, are we allowed to use it as the name for our non-profit organization?

We currently have a student organization at UCLA with a great name, and we are working on developing it into a non-profit organization. Unfortunately, we recently learned that this name has been trademarked by a company based in Canada. Are we still allowed to use the name for our non-profit? We... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

Look for another name that has not been trademarked. No, you cannot use someone else's trademark.

1 Answer | Asked in Trademark for California on
Q: If someone has filed for a trademark without the "the" in front of the name, can I file one using the "the"?

This is for a trademark for a singing group.

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

When analyzing trademarks, the specifics need to be looked at. That said, generally speaking, unlikely. A local trademark lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
View More

1 Answer | Asked in Trademark for California on
Q: I am considering starting a record company, but one exists with the same name, different spelling.

I am considering starting a record label (Comotion Records) but apparently is seems there is a Commotion Records. Would I be infringing on their trademarks/ Copyrights using that same name (though the spelling is different)?

Adam Studnicki
Adam Studnicki
answered on Jul 19, 2015

Likely this will be a problem. A local trademark lawyer can verify.

1 Answer | Asked in Trademark for California on
Q: how much is to register the trademark?

I want to get a trademark for our hair business in USA。 How much is it?

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Different lawyers charge different amounts, plus the USPTO office has their own fees. You can check uspto.gov for their fee schedule and contact lawyers about their legal fees.

1 Answer | Asked in Trademark for California on
Q: Can you use "Why Who You Work With Matters"

In a real estate flyer we were going to put "who you work with matters" and just found out we can't because it's trademarked by a realtor

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If that mark has been registered for use in real estate services, you should not use that mark for offering real estate services. If you do, you may get sued for service mark...
View More

1 Answer | Asked in Trademark for California on
Q: I have a question regarding re-filing a trademark.

I have a trademark that is currently dead and I wanted to know how I can go about re-filing and what is the quickest and easiest way to do it. Also, what is the cost?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 15, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

My suggestion is that you retain an attorney to assist you. Your attorney can purchase a professional trademark search to ascertain if anyone else is using or has registered the...
View More

1 Answer | Asked in Trademark for California on
Q: IF I DO A WORD THAT IS TRADEMARK BUT WITH A DIFFEREN FONT CAN I TRADEMARK IT
Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 1, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the trademark is already registered by someone else for the class of goods you intend to use it in, you will not be able to register that trademark either in "standard...
View More

1 Answer | Asked in Trademark for California on
Q: would a trademark for Life Box (2 words) conflict with a trademark for lifeBox (one word)?
Andy Chen
Andy Chen
answered on Nov 28, 2014

It depends on the context in which the two are being used and how likely the average consumer is to confuse one for the other.

Andy

1 Answer | Asked in Trademark for California on
Q: Can someone trademark a type of website that matches my services and with a name that is a twist on mine?

I do not own a trademark but will trademark "Common Law" help me? I have been running my website since 0ctober 2013 as a portal for a specific crowd and this copycat Filed for a trademark matching my website services and name is May 02, 2014 They are also including a name in the trademark... View More

Ray Beckerman
Ray Beckerman
answered on Sep 4, 2014

I would have to review the different websites and trademarks to evaluate it and answer your question. No it is not "safe to say" you would win anything.

1 Answer | Asked in Trademark for California on
Q: I came up with an idea that some one made a lot of mony on and didnt mention the idea came from me should they have?

I thought you had to mention all inspirations ie products simular and people you got ideas from

Zaven Andranik Sargsian
Zaven Andranik Sargsian
answered on Dec 12, 2013

You may want to post your question in the copyright practice area -- I'm sure it has already been answered there. A trademark is any device (e.g. text, sound, smell, and color) that is legally protectable, which roughly means that the mark is distinctive and used in commerce. This would... View More

1 Answer | Asked in Trademark for California on
Q: Can I take ownership of a cancelled trademark and how much would it cost?
Bradlee R. Frazer
Bradlee R. Frazer
answered on Apr 29, 2013

See my answer here: http://goo.gl/TXWtI

1 Answer | Asked in Trademark for California on
Q: Can I use a trademarked name?

I want to name my new fashion line and store, but the name has been used in the past for a tv show and I believe was trademarked for it. However there's also a hotel using the name. Am I legally allowed to use the name?

Andy Chen
Andy Chen
answered on Aug 8, 2012

No, that's the point of a person/entity going through the process of trademarking a name. The hotel you saw may have gotten the trademark owner's permission to use the name and is possibly paying a licensing fee for that. You would have to look up the trademark now at the Patent and... View More

1 Answer | Asked in Trademark for California on
Q: Can food item name be part of trademark?
Judi Smith
Judi Smith
answered on May 12, 2011

Sure. Notice Apple®, formerly Apple computer®. The issue with using any word in a trademark is where and how you are going to be using it. If, for example, you are selling apples, then you may have some difficulty with registering the term "apple" to apply to your goods. But like Apple... View More

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.