Get free answers to your Trademark legal questions from lawyers in your area.
I want to start a business and want to put “Barbie” in the LLC name. Specifically Bartender Barbie, a business where I go bartend events, parties, etc. I myself am blonde and have pink bar tools which is how the nickname was born. I want to make sure there would be no infringement since I am... View More 
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answered on Sep 18, 2024
Using the name "Barbie" in your LLC, especially in a way that might reference the iconic doll brand owned by Mattel, can raise serious legal issues. Mattel holds strong trademark rights over the "Barbie" name and has been known to enforce these rights vigorously, even in... View More
The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review
answered on Jan 17, 2024
Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More
It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More
answered on Aug 10, 2023
This raises both copyright and trademark issues, but both bend in your favor.
The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,... View More
I took a photo of a bmw m3, in a public area and I edited the photo and designed it, and I’m wondering if I can put it on a shirt and sell it.
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answered on May 7, 2023
In general, yes, you can take a photo of a car in a public area and use it for commercial purposes such as selling it on a shirt. However, there are certain legal considerations to keep in mind, such as potential copyright or trademark issues if there are logos or branding visible on the car.... View More
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 7, 2023
Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.
Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies... View More
Denver Bronco branding has taken off with this phrase
answered on Sep 29, 2022
This is quite complicated question and an answer to it depends on various circumstances you have not mentioned such as date of priority, lenght of usage of trademark, goods and services in question, territory in which trademarks are in use and so on.
I definitely advice you to seek local... View More
The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.
answered on Jan 20, 2022
Yes, you can use a stage name that is a word or phrase that already exists in another line of business. Trademarks and, more generally, the words and phrases you use to distinguish your performances, are subject to a broad legal test that focuses on likelihood of confusion. The confusion in... View More
No pity self inflicted
answered on Jan 10, 2022
The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... View More
I am an author and I have been considering creating a story based on Kong, using all of the Kong properties such as the character of Kong himself, skull island, and the things related to the original 1933 story. From what I understand Universal Studios own the rights to the character King Kong, but... View More
answered on Aug 15, 2021
Interesting question. You need to consult with an attorney to evaluate your options.
It is possible that parts of the story are now or soon in public domain. BUT you need to be careful on what you use. Just because something is in the public domain, if you copy somebody's else... View More
I am buying the insignia for a military branch then affixing it to a wooden flag, then selling the flag. The company I am buying the insignia from is licensed to sell them.
answered on Jun 11, 2021
Probably not.
It will depend on the conditions of the sale.
answered on May 19, 2021
Trademark provides legal protection of brand of product and service. Book title is not a brand. I do not think using someone's trademark as book title constitute infringement of trademark.
answered on Feb 8, 2021
Ability to legally use a trademark depends on many factors. If a trademark is registered and being used in a class/category that is similar or related to your proposed class/category, then that trademark could prevent your trademark from being registered. Additionally, using the trademark could... View More
answered on Oct 15, 2020
The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.
The Mark cannot be similar in sight of... View More
It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.
answered on Jun 10, 2020
When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.
You can search for trademarks on TESS. Your trademark search should include more than TESS.
Consider hiring an intellectual property attorney to do a full analysis of the facts specific to... View More
answered on Jun 1, 2020
If you are referring to the active status of a federal trademark registration, you can conduct a trademark search using TESS on the USPTO website and the results will indicate which marks have "active registrations". However, you should note that unregistered trademarks in use and/or... View More
If in the future I'd like to add a component to the business & TM a new name (similar but with a new word at the end) SpecificNameX Studios, will I be able to?
I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they... View More
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answered on Feb 16, 2020
Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies... View More
I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I... View More
answered on May 7, 2019
It depends what your product is and if it will cause confusion in the marketplace with the trademark registered by The North Face. Each trademark is attached to a good or service. If your good or service is the same or similar to the good or service trademarked by The North Face, then you may have... View More
This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.
answered on Apr 14, 2019
A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.
A trademark will cost about around $800 to $1500 to get.
I'm worried about current patents and if I'm putting myself in jeopardy by offering these products?
answered on Mar 25, 2019
It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... View More
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