Get free answers to your Trademark legal questions from lawyers in your area.
answered on May 24, 2024
Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More 
We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???
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answered on Feb 27, 2024
Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More
A person created a video game addon for certain vehicles. He removed his first version to replace it with something unstable. He is sending threats to people who share this first version of that said addon that is stable with legal action cases. But he lacks a trade mark and a license for his... View More
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answered on Feb 25, 2024
Understanding the legal nuances in such a situation is important. Even without a formal trademark or license, creators can have rights to their original work under copyright law. Copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression. This... View More
I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More
answered on Aug 23, 2023
The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only... View More
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answered on Aug 16, 2023
Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More
We already searched for a trademark uprise and nothing showed up
answered on May 3, 2023
I am sorry, but it's difficult to determine what your question is, but your concerns could be many.
https://trademarks.justia.com/870/51/uprise-87051548.html
Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time
answered on Apr 3, 2023
It is virtually impossible to provide generalized best practices in just a few paragraphs, as registering a trademark with the USPTO is a fact-specific, multi-step process.
If you'd like to register your trademark yourself, the USPTO has a free virtual bootcamp that teaches the basics... View More
I’d like to start a car-themed coffee company which would include images, logos, and names of car manufacturers. Would I need the permissions of the companies first?
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answered on Mar 29, 2023
Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... View More
I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.
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answered on Mar 15, 2023
If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:
Send a cease and desist letter: You can... View More
I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.
answered on Mar 23, 2022
What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.
Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark.... View More
I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks
answered on Sep 24, 2021
There are slogans, and there are slogans.
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... View 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... View More
answered on Jul 21, 2020
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... View 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,... View More
answered on Mar 22, 2020
She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.
For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs... View 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...
Thank You!
answered on Dec 30, 2019
Be careful on this
if it is on request of the owner of the car, and it is limited, you may be ok
you should definitely consult with an attorney before jumping in
need to know what can be done to help me on this situation...
answered on Dec 6, 2019
This happens, unfortunately, all the time.
If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.
Good luck!
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.... View More
answered on Jul 31, 2019
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.
You are not... View More
answered on Apr 22, 2019
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.
answered on Apr 18, 2019
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... View More
answered on Aug 19, 2018
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... View More
answered on Jun 13, 2018
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... View More
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