Get free answers to your Trademark legal questions from lawyers in your area.
I want to register the brand name "HEDIS" in the USA for producing and selling jewelry. I haven't conducted a trademark search for similar existing trademarks, but I am aware of potential conflicts with similar brands. Can you guide me on whether this brand name can be registered?
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More 
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answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
I'm considering taking a replica of a CCM hockey glove from a Chinese site and rebranding it with my unique logo. I'm unsure if the original CCM design is patented or trademarked. The Chinese site has no agreements, and I plan to sell these rebranded gloves using the same design unless... View More
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answered on Mar 2, 2025
I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More
Can I sell a modified sports card if I have changed the uniform color, printed it on thick card stock, and ensured it can't be mistaken for the original? Everything else on the card is like the original, and I plan to sell it more than once, though not on a large scale, without having... View More
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answered on Feb 25, 2025
Creating and selling modified sports cards based on existing designs raises significant legal concerns. The changes you've described—altering uniform colors and using different card stock—likely don't provide enough transformation to avoid copyright infringement. Sports leagues,... View More
The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More
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answered on Jan 17, 2025
Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More
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answered on Dec 11, 2024
Using OmniTasker could potentially create trademark issues with The Omni Group, who owns the "OmniFocus" trademark and several other "Omni-" prefixed product names in the task management software space.
Trademark law aims to prevent consumer confusion about the source of... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
Everything is hand drawn by me, and each custom order is an original design.
The design:
I've used one of the characters as a reference, and the movie poster image.
My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More
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answered on Sep 7, 2024
When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... View More
Hello,
I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More
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answered on Aug 21, 2024
Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More
my company sells body soaps with seamoss. and the other company sells raw seamoss.
answered on Sep 10, 2024
Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:
1. Name Used as a Trademark
When a name is used as a trademark, it is intended to identify and distinguish the goods... View More
answered on Jul 25, 2024
Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:
Right of Publicity:
Public figures like former presidents have a right of publicity,... View More
answered on Jul 18, 2024
Some of the other considerations include: a) how similar the marks are, b) how similar the goods & services are, c) how distinctive their mark is; d) how long they have been using their mark; e) how long you have been using your mark; f) how long if at all their mark has been registered; g)... View More
The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More
answered on Jul 25, 2024
Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:
Right of Publicity:
In... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
answered on Apr 5, 2024
Good afternoon,
It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a... View More
i filed to trademark my name but it was abandonded to an open action? im not sure
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answered on Feb 26, 2024
If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More
I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?
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answered on Feb 21, 2024
If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More
Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.
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answered on Feb 1, 2024
Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More
Seeking quick comment on man trying to TM phrase "From the River to the Sea"
answered on Nov 24, 2023
Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by
River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058... View More
I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.
Thank you.
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answered on Nov 13, 2023
When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More
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answered on Sep 18, 2023
Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.
The name of a military aircraft like the... View More
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