Get free answers to your Trademark legal questions from lawyers in your area.
answered on Jan 2, 2018
Possibly, it depends on what type of business you are in and what type of business the trademark owner is in. It also matters when you both began using the phrase as a trademark. I recommend speaking with a trademark attorney in a confidential consultation to determine whether you are committing... View More 
answered on Nov 3, 2017
A trademark registration can potentially cover both a product and a method for using a product, assuming you use the mark in connection with both in interstate commerce. You should speak with a trademark attorney to determine whether the potential trademark can cover both applications and what the... View More
answered on Oct 2, 2017
Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get... View More
If it is possible how would one go about doing so?
answered on Sep 7, 2017
It sounds as though you are referring to a trademark application filed by somebody else, which then became abandoned when the applicant failed to respond to an office action. (Obviously I have to make a lot of assumptions here.)
The first problem with "buying" a trademark that... View More
answered on Mar 26, 2017
If you've conducted a proper search and have verified that there's a difference then yes. Otherwise, you may be overlooking a potential trademark infringement. You can contact me for a free phone consultation.
On this silicone bracelet I want to put the cancer awareness ribbon? Is that copy right infringement?
answered on Mar 14, 2017
Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.
My trademark is Gurlie Locks. I am branching out to other items and was hoping to be able to brand them as Gurlie Locks since I own the name. Thanks!
answered on Feb 16, 2017
You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee.
The materials... View More
answered on Nov 30, 2016
Dear fellow New Jersian --
Under the US laws, there are 4 broad types of work protection:
(1) PATENTS, that protect inventions (new things, new way of doing things);
(2) TRADEMARKS, that protect names and symbols;
(3) COPYRIGHT, that protects an expression; and... View More
Their trademark has to do with fishing and surfing, mine is for an illness awareness ribbon. We both have stores on Zazzle selling the same type items, but for totally different causes.
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answered on Apr 4, 2016
Although you probably need to speak to a trade mark attorney, the answer is yes. Do not do it!
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answered on Jan 11, 2016
It is questionable at best. You need to consult with an IP/Trademark attorney. Good luck.
I confirmed the company name after researching the availability of that name. But I registered the company in my state 1 month after my research. In that time, another person trademarked the name but started her business 4 months after I did. We both sell products under the same category. she is a... View More
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answered on Dec 23, 2015
Your best course of action is to consult with an experienced patent attorney. These attorneys are usually are also intellectual property attorneys as well. Good luck.
Do I need to get a permit from the owner of the trademark to use his brand name?
answered on Nov 10, 2015
Yes you need an owners permission to use his property. If you don't have permission you are opening up yourself to massive legal costs find your yourself a Patent and Trademark lawyer immediately
I filed my trade name on 3/20/1995. I have also filed an annual report each year for my L.L.C. since 1/1996. I also have been accrediated by ARC since 3/25/96 and with IATAN since 7/25/96. I now have a business wanting me to cease and desist my name beacuse they have a trademark on the name. I am... View More
answered on Aug 25, 2015
Talk to a local trademark lawyer about how to respond to the letter.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your... View More
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answered on Aug 26, 2015
This is the link to the Us Patient & Trademark office.
http://www.uspto.gov/trademarks-application-process/abandoned-applications
You should retain an IP attorney to help you with any matters such as this.
Good luck.
answered on Sep 8, 2015
It depends. If you have used the website name associated with your goods or services before the trademark in registration, you may file an opposition to the trademark registration while the trademark is still in the publication period. If the trademark has been approved for registration, you may... View More
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answered on Oct 3, 2015
"Swish" is part of the name of a company (see this link) http://swishclean.com/generic.htm?ECINFO=green_oakville. You can do an online search to determine if it is a trade marked term or not, but I suspect it is. Good luck.
There is a trademarked name that is three words, I want to use the same first two words, but a different 3rd word for my business location. The trademarked name is not a location, but a book and diet concept.
answered on Jan 5, 2016
If the trademark you planned to use is similar to a registered mark or senior mark, it is unlikely that you can use your proposed trademark in the same category of goods or service. To infringe an existing trademark, the junior mark does not have to be exactly same as the existing mark. As long as... View More
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