Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...Read more »
We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business... Read more »
Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company...Read more »
I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... Read more »
The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...
The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct.... Read more »
Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.
Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.
Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and...Read more »
When trademarking a name, the name may not cause confusion with another business . Currently, "The Date Bar" is a registered trademark for a fruit and nut business and therefore cannot be trademarked for a similar business. If you are attempting to trademark the name for a different type...Read more »
A common reason Trademark registrations are denied is “Likelihood of Confusion” with an existing mark. The mark you have indicated would likely cause consumer confusion with the existing “Big Baller Brand.” By way of example, you would also have difficulty registering something like “And...Read more »
Generally, creating and selling branded items with someone else's trademark, like a professional sports team, is trademark infringement and is against the law. In most cases, making 3D printed objects is fine. If you are creating and selling copyright protected characters, you could run into...Read more »
The pertinent question to ask when analyzing possible trademark infringement is whether or not there would be a reasonable likelihood of confusion between the two marks. So, ask yourself if leaving off the exclamation point would make it so a potential customer would not be confused that your...Read more »
I just started a business doing cases for mobile device, gaming consoles, tablets, etc. I just found out today a direct competitor has the same domain name as me but adds a few characters to the end of his URL. We are both ecommerce and both sell basically the same product. I know he does not have... Read more »
You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a...Read more »
You may be able to register the trademark "NoMore" for clothing. It depends on how the other organization uses "NOMORE", whether it is registered as a trademark, and the goods associated with the hypothetical trademark registration. A trademark attorney can perform a trademark...Read more »
I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.
If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words;...Read more »
The person who filed that trademark application filed it to use the "LVL" mark in conjunction with the sale of clothes. The trademark examiner reviewed the existing trademarks, and decided that selling clothing under the LVL mark would be confusing to consumers because of the existing...Read more »
i'd like to create a study guide app for a certification exam but am not sure if i need approval from the certification body to use it in the name / description...or if i can just disclaim that the app isn't associated with the certification body and i'd be clear?
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