Lawyers, Answer Questions  & Get Points Log In
Illinois Trademark Questions & Answers
3 Answers | Asked in Trademark for Illinois on
Q: Can I trademark the name black wallstreet Chicago if black wallstreet is trade marked
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 29, 2021

Probably not

You should consult an attorney to evaluate your options and risks

View More Answers

2 Answers | Asked in Trademark for Illinois on
Q: If a trademark status "710 - Cancelled - Section 8"can I register the name with my logo ?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 15, 2021

Maybe

Depends on whether other trademarks are similar or share elements that can confuse a buyer

Consult with an attorney

View More Answers

1 Answer | Asked in Trademark for Illinois on
Q: I would like if I didn't infringe any trademark right and I get suit, what can I do?

My paypal account got suspended, due to a court order below and I never receive any email from the law firm before. Also the claim is strange, I never use or produce any of those company products. As my company is base in Hong Kong how can I defense myself from this law suit?

Court: US... View More

Michael Gerity
Michael Gerity
answered on Sep 18, 2020

Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)... View More

2 Answers | Asked in Trademark for Illinois on
Q: If a trademark is cancelled does the owner still have rights to it
Evelyn Suero
Evelyn Suero
answered on Jun 30, 2020

Possibly, trademark cancellation refers to the trademark's registration. The mark may have been cancelled as a result of an opposition proceeding by a competing trademark owner or the USPTO may have cancelled the mark for failure to maintain required filings, in which case this trademark... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: How can I buy off a trademark?

I’m trying to see if could buy off from the owner this trademark 86480383

Kathryn Perales
Kathryn Perales
answered on Jun 19, 2020

You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly... View More

View More Answers

1 Answer | Asked in Trademark for Illinois on
Q: If a state name is trademarked in Clothing, eg: "Connecticut", can you still use this basic word in apparel?

I understand that you cannot use the stylized version of the word (eg: logo) belonging to the filer; however, I am confused as to whether or not the trademark prevents individuals from using this basic word.

Evelyn Suero
Evelyn Suero
answered on May 25, 2020

Many basic words are used as trademarks. Your use of even a part of the trademark in the same category/class of goods may be confusingly similar to consumers and will likely be deemed as infringement. Also, the trademark office may reject such an application for registration on the basis of... View More

2 Answers | Asked in Trademark for Illinois on
Q: I would like to obtain an abandoned trademark, serial number 86750210. What is the process.
Barbara Berschler
Barbara Berschler
answered on May 11, 2020

While the designation on the USPTO may say "abandoned", it does not mean that the owner of the mark is not continuing to use it. It just means that the person failed to deliver the materials/information required by the USPTO to proceed. It would be good for you to do a thorough search... View More

View More Answers

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Is it legal to print the phrase “don’t worry be happy” onto a sweatshirt?
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020

Probably not if the copyright in the song is still active.

View More Answers

1 Answer | Asked in Trademark for Illinois on
Q: If I take over this trademark what will happen to their youtube page? What exactly does this trademark cover?

RYAN'S WORLD - Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Serial Number87770633

Goods and ServicesStreaming of audio and video materials on the Internet; broadcast communication services, namely, transmission of data, graphical... View More

Evelyn Suero
Evelyn Suero
answered on May 7, 2020

In the United States, trademark rights under common law are based on priority of use, not registration. It is possible that this trademark owner has continued to use the trademark, but just simply failed to file the necessary maintenance failings in order to keep the registration alive. Your use... View More

1 Answer | Asked in Copyright, Estate Planning, Intellectual Property and Trademark for Illinois on
Q: Can a fingerprint be trademarked to protect intellectual and pyshical property?
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2020

Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Would use a name like 'Madhatter Custom PC Mods' for a business, YouTube channel or Social Media name infringe on Disney
Robyn T. Williams
PREMIUM
Robyn T. Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2020

If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.

Robyn T. Williams...
View More

View More Answers

3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Jason Brooks
Jason Brooks
answered on Jan 31, 2020

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... View More

View More Answers

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: If my wife has a medical drawing that she wants to sell and protect her rights to the drawing what is the process?
Sindee Levin
Sindee Levin
answered on Dec 6, 2019

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla
answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... View More

1 Answer | Asked in Trademark for Illinois on
Q: Word Phrases?

Our company just received a trademark violation for “we droppin”. We are using “where we droppin boys” on pajamas. That phrase is not trademarked. They are claiming we are infringing on their trademark. Are we?

Griffin Klema
Griffin Klema
answered on Mar 22, 2019

You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: What does abandonment-no statement of use filed

I want to know if someone LLC something. but, when I researched it gave me the statement

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore... View More

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?

I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.

The slogan we are wanting to use is... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.

This means that Hasbro does l not have trademark protection during this pending period. If...
View More

1 Answer | Asked in Trademark for Illinois on
Q: I'm opening up a new retail store and want to know if I can use a trademarked company name to describe my store.

I want to remain anonymous so I'll just use a made up example. Let's say there was a company called "Home Improvement Shop" and that company had a trademark on that name. Could I start a company called "Do-It-Yourself Depot", and then under that say "Home... View More

Benton R Patterson III
Benton R Patterson III
answered on Nov 1, 2017

An attorney would need to review the exact language. Based on the limited information, this probably is trademark infringement because it would likely result in confusion of the source, sponsorship, or affiliation with the other company's trademark. A federal trademark provides nationwide... View More

3 Answers | Asked in Trademark for Illinois on
Q: what's the best way to start? I Have My Logo which I Design,I Want To Make tees / caps with my logo I Dont Have Any TM

I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)

Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,

Yan Zong
Yan Zong
answered on Oct 23, 2017

Hi, if you already have the design of the logo, you need to ask a lawyer or agent to help you search whether other similar/same logo existing.

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: Is this legal to use on a tee shirt of your own design https://trademarks.justia.com/858/68/supreme-85868057.html

Can that trademark be used on a shirt like at https://mikethebear.com/

Michael Gerity
Michael Gerity
answered on Aug 1, 2017

Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed... View More

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.