I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?
Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is...Read more »
A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed...Read more »
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type...Read more »
Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing)....Read more »
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in...Read more »
A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the...Read more »
If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this...Read more »
I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
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