Get free answers to your Trademark legal questions from lawyers in your area.
Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.
answered on Oct 22, 2020
Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... View More 
Someone been got into my phone
answered on Oct 22, 2020
Please consult a privacy attorney to help you with this matter.
answered on Oct 12, 2020
A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... View More
trademark for our club patch has expired brian is no longer part of our club i need ownership of patch
answered on Oct 5, 2020
I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.
answered on Oct 2, 2020
Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... View More
For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?
answered on Sep 27, 2020
If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.
answered on Sep 10, 2020
Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.
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answered on Sep 8, 2020
If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... View More
I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again
answered on Sep 2, 2020
If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.
Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?
Greatly appreciated your help~
answered on Sep 2, 2020
Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... View More
answered on Sep 3, 2020
Trademarks which are used prior to registration accrue common law rights against infringement.
I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano,... View More
answered on Aug 24, 2020
Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about... View More
Lost my job, but have had my company name, & domain for years, (which I have been using). I don't want anyone in these different industries to use my brand name.
However, because the brand name can be used in different goods and services, I just want to get the right advice before... View More
answered on Aug 20, 2020
The trademark registration application fee is going to be calculated based on the number of different classifications you choose. If you select classifications that don't have the same "numbers", you will be charged one fee for each "number".
The trademark office... View More
trying to do anything required for my dabcity trademark
answered on Aug 14, 2020
Generally, trademark owners of registrations must file must file a Declaration of Use and/or Excusable Nonuse between the 5th and 6th years after the registration date. Forms are available on the USPTO website or consult with a trademark attorney to assist you.
answered on Jul 25, 2020
Use the Find a Lawyer function in Justia to find a lawyer in the practice area of the lawsuit. Make some calls. And try to find the best attorney who fits your needs. Best of luck.
This answer includes generalizations and there are many caveats. This answer does not form an attorney... View More
I would like to copyright or trademark it if available.
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answered on Jul 15, 2020
We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.
I have sent out a cease and desist letter.
answered on Jul 13, 2020
If your mark is registered, and assuming that they are telling the truth about using the mark first, you can sue to have their mark limited to a certain geographic area or a certain type of product/service. In a case I dealt with like this, a lawsuit was filed but the parties came to an agreement... View More
Or “EGO-logo-TAG”
answered on Jul 8, 2020
Adding a hyphen in the middle of a trademarked word or phrase is usually not enough to overcome a likelihood of confusion registration rejection for trademarks that are virtually identical and operate within the same class.
I've done some research and I heard it's bad to obtain another trademark you may collect some of their "baggage". What do you advise?
answered on Jul 6, 2020
You should consult with an attorney before proceeding since there are many legal and business factors to consider. The trademark registration may be "dead" as to one trademark user but perhaps still in use by that user (or some other user who may have common law rights). Also the... View More
I am referring to an activist organization. An organized group of like-minded individuals with a purpose. One with completely voluntary members. No membership fees, no donations accepted.
answered on Jul 5, 2020
This is a business formation question, and you need to consult with a business formation or "transactional law" attorney to present your situation to him/her fully and discuss your options. There really is too little information here to respond. What kind of organization? Sub S corp?... View More
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