Get free answers to your Trademark legal questions from lawyers in your area.
but the other company is in a totally different industry and isn't famous. Is it ok to still use that name?
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answered on Oct 10, 2016
The basic rule is that they can't be "substantially similar," I'd need to evaluate the industries and the mark to give you a better opinion / insight. You can of course always reach out to the company that is using it and explain your intent to use and how you don't... View More 
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answered on Sep 29, 2016
Yes, you can file an "intent to use" application and then convert it to a normal application when you're actually using the Trademark in commerce.
trademarked. It seems like they offer similar services to mine. Can I still use my business name in my TM?
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answered on Sep 23, 2016
Maybe this will answer your question: http://www.nbc.com/saturday-night-live/video/bad-idea-jeans/n9937
Just kidding, in all seriousness, how similar are the names? I'd need to actually know the name, so email me privately since this is pretty sensitive in nature and I'll be... View More
There is another site that has popped up using the same name. I never trademarked my name and they've filed for one. What do I do?
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answered on Sep 16, 2016
A few more details are needed (such as the name in question), but generally you would start a complaint with the Trademark Trial and Appeal Board to contest their registration of the trademark.
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answered on Sep 8, 2016
You can, but it's usually not necessary. I'd need to know the details, email me privately if you want to discuss.
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answered on Sep 6, 2016
This is actually a very difficult question that involves much more than a few sentences of advising. The recommendation is to not use your competitor by name to avoid any confusion or the appearance that you are using their name to promote your product. Now, if you've taken steps to avoid... View More
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answered on Aug 25, 2016
A registered trademark will give you a rebuttable presumption of ownership, hugely important if a dispute arises, also the longer you have a registered trademark the greater evidentiary weight it carries with respect to ownership.
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answered on Aug 23, 2016
You likely copyright that since it's a work of the visual arts. Trademarks are reserved for branding such as logos, slogans, tradenames, trade dress, a trademark identifies the source (producer) of the goods or services associated with the registered mark.
How can I appeal the decision?
answered on Jan 26, 2017
It depends on who "they" is. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More
answered on Jan 27, 2017
Applications for trademarks, and modifications thereof, should be made to the USPTO. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More
I checked TESS now (yes I know a bit late) and it says "electronic publications" are included to trademark rights.
What I don´t understand is, is it just the logo "Pokemon Go" that I am not allowed to use or am I also not allowed to publish an ebook at all?
I do... View More
answered on Jan 27, 2017
You're not allowed to use any intellectual property rights without a license to do so, including a trademark, unless you fall within the fair use exceptions. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
I am a U.S citizen trying to register trademark for logo in another country (China). That same logo is already registered trademark in U.S by U.S company, but NOT in China. As far as I know, trademark jurisdiction is domestic due to territoriality principle so U.S trademark law only governs U.S and... View More
answered on Jan 27, 2017
It sounds like you're trying to copy somebody else's creative efforts, which may not only be bad form but also potentially illegal depending on the copyright protections afforded this particular Intellectual Property. The best first step is an Initial Consultation with an Attorney. You... View More
answered on Jan 30, 2017
I don't hear an immediate basis of confusion of the two, and I don't see anything particularly unique about the words "smart things". The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More
I need legal advice. Was sent an email regarding a trademark titled "Skyes music LLC" who is trying to take legal action against me for using my legal name Moriah Skye to promote my music. They are asking that I immediately delete my Reverbnation, Facebook music page, and Instagram... View More
answered on Jan 30, 2017
Have a lawyer review the facts of your situation. This might be a scam. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More
answered on Feb 4, 2017
Possibly. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &... View More
answered on Jan 19, 2016
A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to... View More
I want to use part of a logo and not the full logo? Is this permitted?
answered on Jul 14, 2015
This can't be answered in the abstract. It would depend on a variety of factors, most importantly whether the original part can be identified and is it confusing to the public. A NY intellectual property lawyer can advise.
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