Get free answers to your Trademark legal questions from lawyers in your area.
I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without... View More 
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answered on Aug 17, 2024
You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights.... View More
It shows Status 630 - New application - not assigned to an examiner.
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answered on Jul 31, 2024
To check if your trademark application has been completed or approved, you'll need to monitor its status on the United States Patent and Trademark Office (USPTO) website. Since your application currently shows "Status 630 - New application - not assigned to an examiner," it means... View More
I want top register an expired trademark I see online
answered on May 21, 2024
A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More
We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?
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answered on Oct 27, 2023
The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a... View More
answered on Sep 25, 2023
There are numerous HEAVEN ON EARTH trademark registrations that have been abandoned. There are also numerous HEAVEN ON EARTH trademark registrations/applications that are live. Each trademark is registered in one or more "classes" (categories of good services). If you are looking to... View More
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answered on Aug 2, 2023
if you have a unique and novel method of using words or phrases on specialty balloons that involves a technical process or innovation, you may be able to seek patent protection for that specific process or invention. It's essential to consult with a qualified patent attorney who can evaluate... View More
My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?
answered on Feb 8, 2023
Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... View More
For example: A private facebook group named Sandestin Book Direct with Owner
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answered on Feb 25, 2023
It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More
Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us
answered on Aug 31, 2022
Dear Mr or Mrs,
at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.
In modern world you can basically sue anyone for anything, however, your success rate depends not only on good... View More
It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More
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answered on Feb 2, 2022
Kudos for thinking about sales tax.
The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If... View More
answered on Dec 21, 2021
You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.
Which company did my trademark?
answered on Jun 14, 2021
You can consult with an attorney and search for your trademark in the system
answered on Dec 26, 2020
Not familiar with pogs.
But it will depend on what the use is.
Consult with an attorney for a search and analysis.
The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... View More
answered on Oct 16, 2020
This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.
In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... View More
answered on Jul 23, 2020
There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... View More
I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?
answered on Jul 7, 2020
It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.
answered on Jun 23, 2020
Trademark rights are gained by using a mark associated with a good or service. If you start using any mark (word, phrase, symbol) to indicate the source, the mark will have common law trademark rights. If the mark is registered with the federal government and approved then there are greater... View More
It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera
answered on Aug 20, 2019
You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.
I’m planning on opening a sports cafe in Indianapolis area
answered on May 3, 2019
If you're going to be a Chicago Cubs themed bar, you might need a license from the team. Even if that specific phrase is not trademarked, you could run into problems, and I recommend allocating some of your startup budget to legal counsel on this issue (and perhaps proper licensing, business... View More
answered on Jan 14, 2019
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.
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