Get free answers to your Trademark legal questions from lawyers in your area.
Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?
answered on Oct 25, 2020
No, you can one LLC for both your clothing line and your entertainment line.
However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.
I have done some research and cant figure it out!
So, I started this clothing company named after my areas ZIP Code. People love the area and enjoy local goods. Here is my situation:
Each county in New Jersey has a specific ZIP code and the towns within it also have a specific... View More 
answered on Aug 14, 2020
Consider a consultation with a trademark attorney. There are specific issues related to trademarks when the geographic origin is part of the trademark.
Generally, trademark infringement is found when there is likelihood of confusion related to: (1) the similarity of the marks; and (2)... View More
I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?
answered on Jul 6, 2020
The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... View More
My son built a kart that he was killed in. The kart was sold for scraps. I am starting a foundation of which images and logo of said kart will be created and used along with two phrases he would often use. I would like to have them trademarked/copyrights yet not sure if my sons wife would have any... View More
answered on Jun 22, 2020
Sorry for your loss -- my condolences.
This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right... View More
I have a trademark, un-stylized, for a name for my product. I have seen others use the name for their product in unrelated items (mine is clothing accessories, theirs is fabric-related, but not clothing). Do I need to send a cease and desist and/or name licensing agreement to defend my trademark?
answered on May 13, 2020
Perhaps. The questions is whether a likelihood of confusion exists. The analysis starts here.
I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?
answered on May 7, 2020
If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... View More
answered on Mar 20, 2020
Will depend on the attorney and complexity of your case.
You should budget at least $1,000 to $2,000.
Contact an attorney for more details.
www.legalbizglobal.com
2 companies, same NJ town, similar names (names changed for privacy).
Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.
Company #2... View More
answered on Feb 21, 2020
If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2020
SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.
Robyn T. Williams... View More
I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2020
Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... View More
answered on Dec 25, 2019
Depends on where you filed, how you filed and how long it has been abandoned.
Most likely you would need to start from zero, with a new application.
Be aware that somebody may be using it or may have registered it while you let it abandon.
you may have some common law rights... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2019
If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.
I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?
answered on Apr 12, 2019
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
answered on Jan 15, 2019
You need to file a Renewal of Trademark with the USPTO, which requires further data, images, and a fee. This has to be done every 10 years.
You must also file periodically Declarations of Use, which detail what you are selling in interstate commerce, along with further specimens or... View More
A company was infringing on my registered trademark and I reported it to the marketplace they were using. All of their items were removed (including items not related to my TM). They have emailed and called requesting that I rescind my complaint so that they can begin selling the non-infringing... View More
answered on Jan 16, 2019
The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.
Under Trademark registration numbers - 0627275 and 063059 does Kittritch brand have ownership of the word Contact? or just the word (their brand) Con-tact? Kittrich sells contact paper under the brand name Con-tact. I purchase and sell contact paper under a different name. Now Kittrich is using... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2018
I could not get access to the USPTO files with the registration numbers you provided. be that as it may, your mark namely, contact is confusingly similar to con-tact. If you are in the same market space then there definitely is an issue. You should contact a trademark attorney to review the matter... View More
It is also used for TV shows, it will be part of a name
answered on Nov 17, 2018
Depends on what type of product or services you want to offer under the name. If you want to use it under one of the specified goods and services that is already registered with USPTO then you cannot register that trademark. The answer to your question depends on the facts surrounding your case, it... View More
If i have a LLC in NJ and its called 123abc, can someone trademark it and steal it from me? the business does work globally.
would i be able to win the trademark back? Should I be safe and get it now?
answered on Aug 10, 2018
Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.
Further, the filing of a trademark application requires evidence of the mark’s use in commerce.... View More
I am currently trying to start a non-profit and wanted to use the term as the slogan for my non-profit.
answered on Apr 19, 2018
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
Does this pose a problem?
answered on Feb 13, 2018
It could possibly present a problem. A trademark attorney would need to perform a trademark search to determine the scope of the other company's mark.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
