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
3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I create a domain name, and if the domain name happens to be someone's Twitter handle, is that a illegal?

In other words, if the domain name I've created and purchased also turns out to be someone's personal Twitter handle (not a business), would that be a violation of any copyright/trademark/intellectual property laws?

Omar Darwich
Omar Darwich
answered on Jun 27, 2021

The most likely answer you're going to get here is "it depends".

You should feel free to consult with an attorney so you can discuss more specific facts.

View More Answers

2 Answers | Asked in Trademark for California on
Q: I would like to pick up this Abandon trademark , BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

I was told that I could petition for the Abandoned trademark of BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

So I need a lawyer to help me to obtain the abandon trademark.

Evelyn Suero
Evelyn Suero
answered on Jun 1, 2021

A trademark application is typically deemed abandoned for failure to submit a required response to the USPTO. However it is still important to determine whether the mark is still in use by the applicant or by any other business. A trademark attorney can assist you with this process.

View More Answers

1 Answer | Asked in Trademark for California on
Q: Trying to understand Trademarks. If someone has a trademark in a certain category, does that mean I can use it in others

Hello! I'm interested in utilizing the word "funfetti" in a business name unrelated to a cake or the product funfetti. It appears as though the name is Trademarked and I was wondering if it's something I can utilize in an unrelated capacity.

Thank you!

Omar Darwich
Omar Darwich
answered on Jun 7, 2021

An easy example is to look at the term "pandora". We have pandora music but we also have pandora jewelry.

Without going more in depth thats a good way to think of this matter.

You can always consult with a trademark attorney. Many like myself offer free consultations.

1 Answer | Asked in Trademark for California on
Q: Can i use the phrase " skinsafe" or "SKINSAFE" or " Skin safe" ?

How do i know that if or can we use these trademarks and How to avoid the use of infringing trademarks?

Your answer will be a great help.

Thanks !

Noora

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 18, 2021

Your best approach is to make a consultation appointment with an attorney who can make an assesment of your risks.

1 Answer | Asked in Trademark for California on
Q: trademarks using and relevant legal knowledge

I am writing to inquire about trademarks using and relevant legal knowledge,For example,This phrase "WATERPROOF™" was registered by another company, Can i use "water proof" and put it into my description?What will happen if i put it into my description?Your answer will be a great help.Thanks !

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 16, 2021

You can not use generic terms that refer directly to the classification for the trademark.

Waterproof is acceptable as long as you do not use it for waterproof products.

Like Apple is acceptable for computers and phones.

Consult with an attorney

1 Answer | Asked in Trademark for California on
Q: Bionda Bruna,serial# 76092272 , Registered# 2533807 is close as I was informed that I can own the trademark

I would like to claim the abandon trademark of Bionda Bruna . I was informed that I could and it wasn’t a Dead Trademark . So I need to get started on it and I’m looking on how to do it , what do I need to get started and I need legal assistance.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 15, 2021

You need to consult with an attorney and pay him to do an analysis and do the filing as appropriate

Most attorneys here provide some free phone limited consultations

Best luck

Marcos

2 Answers | Asked in Trademark for California on
Q: Looks like there are lots of PURSUIT trademarks. Can I add one more?

Pursuit is a mens fitness program. Can I get a trademark for it?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 14, 2021

You should consult with an attorney who will then do a search and give you a risk analysis.

Most likely you will need to choose something else.

Best luck.

View More Answers

1 Answer | Asked in Civil Rights and Trademark for California on
Q: Hello, i want to know if a roofing buisness in california , is it possible to advertise service with a star wars vibe?

with star wars i mean , My company name will be ROOF WARS , and it will look like a star wars theme company , that focuses in roofs.

Thanks

Louis George Fazzi
Louis George Fazzi
answered on Apr 5, 2021

Before you do that I suggest you contact the Disney company and get their approval before you start using images or characters based on Star Wars as the theme of your new business. You may run afoul of their copyrights or trademarks if you use direct copies of their Star Wars themes or characters.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
View More

1 Answer | Asked in Business Formation, Business Law, Tax Law and Trademark for California on
Q: i have my own business and i went as far as paying for my trademark do i have to pay taxes on my business still?

i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number

Julie King
Julie King
answered on Feb 21, 2021

If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... View More

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Trademark for California on
Q: What are the limits of using 'Established by ' in company logo? Does it have to mean when the business was established?

I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... View More

3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: If I start a devotional blogger aimed at upholding Jedi conduct for better habits, do I need to ask Disney's permission?

This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.

Robert P. Cogan
Robert P. Cogan
answered on Jan 25, 2021

The question raises copyright and trademark questions. In all likelihood Disney would not care if you supported the franchise. The facts do not indicate how you would make references to Disney properties or possibly use them. There may be ways to do it right. There are very many ways to do it... View More

View More Answers

1 Answer | Asked in Business Law and Trademark for California on
Q: Through Trademark Terminal Your Brand Performs More Trading Over Internet?

Since this is an era of effective businesses though the ecommerce channels and Trademark Terminal is providing the elevation in the quality to do the same. Almost all of the customers and clients are using the medium of internet as their basis communication and collaboration route. Trademark... View More

Robert P. Cogan
Robert P. Cogan
answered on Jan 18, 2021

Website rankings and trademarks are different things. It might be a good idea to read the Trademark Terminal website and see if they actually say that they make your brand more appealing. They might not. You might want to call an intellectual property attorney. Many give free initial consultations.

2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

View More Answers

3 Answers | Asked in Trademark for California on
Q: If someone has a Trademark in the same market (Fitness) but for different goods & services can I still use the name?

Example- If someone was a Trademark with the name "GLO" for a fitness website. And their goods and services solely cover the creation of any fitness sites or blogs that provide non-downloadable articles for advice on fitness, Could I trade mark the name "GLO" for a fitness clothing brand?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 22, 2020

Very unlikely will cause or can be claimed it will cause confusion

I recommend looking at something different

View More Answers

2 Answers | Asked in Trademark for California on
Q: Someone with knowledge of my work applied for a California trademark.

Knowing I was in the process of applying for a Federal trademark, they one upped me and claimed my product as their own and began dealing with my production companies. Would the Lanham Act, 15 U.S.C. § 1051 et. seq. be of any use to me years after the fact?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 20, 2020

Depends on how long it has passed, how long you have had your trademark, and IF you got your registration.

IT may be also fraud, and you can stop him/her if you have rightful ownership.

Consult with an attorney

Marcos, attorney for the creative classes

View More Answers

3 Answers | Asked in Trademark for California on
Q: It looks like this Trademark was abandoned, does that mean I can buy it?
Evelyn Suero
Evelyn Suero
answered on Dec 14, 2020

A trademark application may have a status of abandoned for failure to timely respond to an office action or some other required filing. This does not mean the mark is not in use. Using an identical or similar trademark in the same/related class/category as a trademark in use may give rise to a... View More

View More Answers

2 Answers | Asked in Trademark for California on
Q: Hi I can see that Home Body is trademarked but seemingly as a book. would i be able to put the phrase home body on a top
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2020

Depends

It depends on how the other mark is used and whether they may file an opposition to your application

Even though they are different applications it may be considered confusing

Consult with an attorney

View More Answers

2 Answers | Asked in Trademark for California on
Q: How do I remove this trademark from record/display?

Decided to abandon and not utilize trademark for marketing purposes and would like image removed from record or display

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 1, 2020

There is a process for doing it. It is called express abandonment.

Contact an attorney for any help on getting this done.

View More Answers

3 Answers | Asked in Trademark for California on
Q: Hi. I would like to use the name feasty? Am I allowed to use it?
Floyd Edwin Ivey
Floyd Edwin Ivey
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

View More Answers

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.