Because it does not use the letter 'O', in "Protect" would that make a difference?
The shirts would be for use for games, pep rallies, etc.
I would want to sell the shirts to the staff and students that would like them.
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answered on Oct 15, 2023
Using the phrase "Pr ( ) tect This House" with an Earth picture in place of the letter "O" may be perceived as a play on words or design that resembles an existing trademark or phrase. If a company has rights to a similar phrase, even minor alterations could still potentially... View More 
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answered on Sep 24, 2023
Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.
My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More
answered on Aug 8, 2023
Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More
How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More
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answered on Jul 28, 2023
Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More
I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.
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answered on May 7, 2023
No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... View More
Not the actual characters but 2 of their grandchildren would be used.
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answered on May 7, 2023
No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.
Like France Belgium Switzerland Mexico, Japan etc
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answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... View More
For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... View More
answered on Dec 12, 2022
Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... View More
I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or... View More
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answered on Oct 14, 2022
You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.
I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... View More
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answered on Oct 4, 2022
You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... View More
The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... View More
answered on Jul 11, 2022
Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... View More
answered on May 23, 2022
A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.
To properly answer this question, you should meet with an attorney to discuss details... View More
answered on Feb 8, 2022
It is certainly possible to register a dance group's name, or any other performance name, as a trademark. The question will be the extent to which the mark is used in interstate commerce and in relation to what service or product.
A trademark lawyer will be able to discuss these... View More
the golf ball includes a single picture of boss baby
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?
answered on Aug 15, 2021
You need to consult with an attorney to evaluate your options.
I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.
answered on Jul 30, 2021
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... View More
answered on Jun 16, 2021
First of all.. I wish they kept airing episodes!
It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)
There might also be... View More
Example:
If I wanted to use the business name “The Fatherhood Project”
The word “Fatherhood” is already trademarked by another company.
Same target audience, different products.
Is this acceptable?
answered on Mar 21, 2021
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... View 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... View More
answered on Mar 12, 2021
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... View More
I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?
answered on Jan 14, 2021
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).... View More
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