James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

As a music producer, there are several elements you might consider trademarking to protect your brand and intellectual property:

1. Artist name or stage name: If you produce music under a specific name, trademarking it can prevent others from using the same or a similar name in the music... View More

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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

You will first need to determine whether you want to trademark the name or the icon (or both). You can file the application(s) at the USPTO's website: https://www.uspto.gov/trademarks/apply/initial-application-forms

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

This is a little too vague to answer. This will depend on how similar the overall trademarks are, and how similar the goods/services that the marks are used with are. You should consult a qualified trademark attorney with the specifics of your case.

It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a... View More

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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application.... View More

Unfortunately, there is not a way to add classes of goods or services to an already filed federal trademark application. That would require filing a new application with the USPTO.

The mark CAPTAIN HR was registered on Jan 17, 2023 (Reg. No. 6956501, SN 97188633) for employment related services by ECOMM ALPHA LLC (Washington).

A Georgia attorney could advise best, but your question remains open for two weeks. However, this sounds like it might be more of an intellectual property matter than an arbitration matter, the category where it's posted. If you're talking about similarity in terms of wording, logos,... View More

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answered on May 2, 2023

To renew or register a trademark, you will need to follow the process established by the US Patent and Trademark Office (USPTO). Here are the general steps:

Conduct a trademark search: Before renewing or registering your trademark, it is important to ensure that it is still available and... View More

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answered on May 2, 2023

No, you do not have to trademark the "LLC" portion of your company name. The purpose of a trademark is to protect your brand and prevent others from using a similar name or logo that may cause confusion among consumers. The "LLC" designation is not part of your brand identity... View More

CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.

Your mark CREATINE MONOHYDRATE GUMMIES... View More

No.

You should consult with an attorney.