Get free answers to your Trademark legal questions from lawyers in your area.
I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... View More 
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answered on Mar 23, 2020
There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... View More
Company A has a trademark issued and has a product with part of the trademarked name. They filed it under Class 9 and Class "41".
Can Company B apply for a trademark for the same name under Class 9 & Class "42" and still get approved? Both operate on Mobile App Stores.
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answered on Feb 15, 2020
There is a high probability that the mark will receive a 2(d) refusal for Class 9 because of likelihood of confusion. An examiner could also refuse to register the mark under Class 42 if it could be considered a related class for the registered mark. I would suggest enlisting the assistance of a... View More
answered on Feb 13, 2020
it will depend on the owner and what your intentions are
expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it
best luck
For example, the trademark "TEES" is registered for "clothing, namely, towel shorts". Does this mean the trademark only applies for towel shorts and not t-shirts? Or is it always the whole class, no matter which items are explicitly listed?
Thank you for your help in advance and best regards!
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answered on Feb 3, 2020
An examining attorney is primarily going to look at the "likelihood of confusion" between the two marks and marks in the same class have a higher likelihood of confusion. Also, as a side note, if you're thinking of a mark for t-shirts that involves the word tees, you will want to... View More
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answered on Feb 15, 2020
The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use.... View More
answered on Jan 22, 2020
Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.
Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.
answered on Jan 22, 2020
You cannot claim something natural. It has to be manmade.
You can claim a machine or device that uses air. For instance, a hot air balloon.
answered on Dec 8, 2019
Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com
I’ve had the name longer but they’ve used it first in commerce and it is Not registered
answered on Nov 25, 2019
The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd... View More
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.
I wrote to... View More
answered on Oct 16, 2019
You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture... View More
606 - Abandoned - No Statement Of Use Filed
answered on Sep 18, 2019
It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.
If it was you, you have to start from zero. Contact me if you need help.
The image would be made by my graphic designer, so I would have his full permission to use it. But I am not sure, if that would be also alright with the Lamborghini company. There wouldn't be visible logo, just the car design.
answered on Sep 11, 2019
It is not legal, even with the permission of your graphic designer, since the owner of such design is Lamborghini. You may want to ask permission to the owner directly.
This is from their website: https://www.lamborghini.com/en-en/privacy-legal
Always consult with an attorney... View More
Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.
answered on Aug 5, 2019
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the... View More
The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?
answered on Jul 29, 2019
Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.
Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an... View More
We are being challenged by a company that says they have trademarked (status 700) the name we are using as well. We offer different services and the website uses .us not .com. What options do we have?
answered on May 28, 2019
You will need a consultation. click the link to schedule https://calendly.com/ahajiamospllc/15min
answered on May 28, 2019
Trademarks indicate to the public the source of a product or service. So, if your business is associated with a product or service then yes. If it's only a business name, no.
I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.
I was told the appearance of a... View More
answered on Apr 23, 2019
The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely... View More
The word im planning to file for trademark is not generic word. It is a made up word but can only be found on urbandictionary.com. But I already have the .com domain name of it.
I am US military veteran, is there a cheaper way to file the trademark beside https://www.uspto.gov?
answered on Apr 4, 2019
The USPTO doesn't offer discounted fees for vets, sorry. As for filing, you'll need to carefully evaluate what products or services you will be selling. Merely having a user name on social media, without selling products that bear the mark, will not be sufficient.
answered on Mar 22, 2019
Correction or change in ownership of a mark is done with a document called an assignment. If there is a co-owner of the mark and you're on good terms with them, have a lawyer prepare an assignment for them to sign, and then record that document with the state or the USPTO (wherever your mark... View More
Or should it be under a copyright. It is for a clothing line.
answered on Mar 19, 2019
Most likely both
depending on what it is and the objective of the patterns and design
Think Louis Vuitton, where the pattern is used as a trademark, but it is also a design copyright, protection
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