Get free answers to your Trademark legal questions from lawyers in your area.
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
name: uptempo tv
Serial# 858222486
Reg# 4461249
answered on Jul 2, 2020
You should work with a trademark attorney to assist you with the formal assignment of the trademark and renewal.
answered on Jul 1, 2020
LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant... View More
I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?
answered on Jul 1, 2020
Trademark rights are acquired through use, so if you're selling goods or services in connection with that logo, you may be able to claim common law priority within certain geographic areas should someone later attempt to federally register a similar logo for related goods or services. However,... View More
An old friend tried to trademark our brand for us but we have not been able to contact him for a long time now. So I wanted to take ownership of the trademark.
answered on Jun 25, 2020
If the trademark is currently listed as 'abandoned' in the USPTO database, you should confirm whether this is due to a failure to respond to Office Action, and if so, whether your application may encounter similar issues with the TM Office. However, if it's not being used then common... View More
Someone else has the company name I want but, they haven't been active since 2014 I believe. They don't have it trademarked i looked them up on the government trademark site and other sites they don't come up. Is it possible i can trademark the name and use it for my company?
answered on Jun 6, 2020
Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has... View More
If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?
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answered on Jun 2, 2020
If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel... View More
The product is an interactive story app that used the hero's journey template.
answered on May 22, 2020
From your description as to what you want to do, it sounds like you would be creating a derivative work based on the copyright protected work. To do so without being liable for infringement, you would need a license from whomever now owns the rights in Mr. Campbell's works. That is not to... View More
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