Get free answers to your Trademark legal questions from lawyers in your area.
It is not a registered business or trademark. They only have the domain name.
answered on Mar 21, 2024
This is potentially a problem.
Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.
Federal trademark... View More
answered on Sep 21, 2023
If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.
I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about... View More
answered on Dec 8, 2017
Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper... View More
such as Montana Mountain Brewing, or say Big Montana Brewing, that already exist? Based on my research this seems to be a grey area in trademarks.
answered on Nov 29, 2017
Given the industry is the same and the similarity of the names, there is a fair chance it could be rejected. However, a trademark attorney would need to review each registration and know more about each business to give a definitive answer. The type of registration also matters, eg. is it a... View More
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