Get free answers to your Trademark legal questions from lawyers in your area.
The company that is trying to register the brand is overseas and have the same name as the brand we currently hold.
We registered this in 2016 and is currently active.
They have filed it in February 2019 and it is currently pending. We just saw that they had a similar trademark from... View More 
answered on Feb 21, 2019
I assume it is in the USPTO.
If so, it is possible, if the class of usage is the same as yours, that it will be refused by the office.
If it is not, you can file protests and oppositions to the application.
You have a limited window to do this so contact an attorney, me,... View More
Good day!
I am writing a recipe book for cooking various dishes using a slow cooker and pressure cooker. One of the registered TM of these devices is called “Instant Pot”. I want to use the "Instant Pot" in the title on the cover of the book. But “Instant Pot” is a... View More
answered on Feb 5, 2019
You should definitely ask for permission.
It is possible that they will come after you and stop you from using that name.
You can consider other alternative names.
If you contact them, it may be possible they grant you the right to use the name, and you should consider... View More
I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.
answered on Jan 31, 2019
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com
Trademark law
answered on Jan 7, 2019
See: https://smallbusiness.chron.com/legal-trademark-persons-name-61523.html
Also, be wary of false advertising, e.g., misleading the public about being a doctor.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!
answered on Jan 2, 2019
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step... View More
They have used my TM in their highly profitable cartoon and refuse to remove it claiming freedom of expression rights over my TM rights. However, according to the Lanham Act, the manner in which they are using it violates my rights. They've threatened to sue me in court if they win.
answered on Oct 20, 2018
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief... View More
It seems that the lawyer that filed my trademark filed it under the incorrect name and not my business name. Is there a way that I can get the name of my trademark changed?
answered on Sep 23, 2018
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the... View More
answered on Sep 4, 2018
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.
If you are... View More
I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of... View More
answered on Aug 7, 2018
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
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answered on May 11, 2018
Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... View More
I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.
What standard would I use to decide what I am allowed to include on the map?... View More
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answered on May 11, 2018
Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... View More
We are looking to register our trademark, but research has shown, that another company with the same name and a registered trademark already exists.
But not only this, their trademark is registered in the same class 9.
However, they are producing heavy CNC machinery, where our... View More
answered on Apr 9, 2018
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
I held 2 domain names about 6 years ago that I let expire because I lost my job and couldn't afford to keep them anymore. Scrolling through my small domain portfolio today, those 2 domains popped up into my head, and I wondered what became of those names. . . so I check it's availability.... View More
answered on Mar 24, 2018
Domains are on the market like any other product. You have every right to purchase any Domain you like. Look for the best deal - usually, the first year is less expensive. Good Luck.
answered on Feb 15, 2018
It is easy to prepare the actual trademark application documents. Preparing the documents accounts for 10% of the work involved in securing a good trademark. A trademark attorney can search for potentially conflicting trademarks to determine if your potential trademark is likely to be registered,... View More
My mother started this church dance group about 10 years ago and recently wanted to get either copyright or trademark protection for the name. Can she actually get a trademark for the name even though she has not formed a separate entity for the dance group?
answered on Jan 29, 2018
You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.
answered on Jan 9, 2018
Hi the "innies n' outies" was trademarked under the category of appearances. If you are trademarking outy under different class of goods, it is likely that you can get it.
answered on Dec 26, 2017
It depends on what goods/services your trademark is used with and what the celebrity is known for. You should speak with a trademark attorney about this in a confidential conversation.
answered on Nov 6, 2017
You should be able to use your aunt's name, unless barred by some other principle of law, such as trademark infringement.
I can send images.
answered on Nov 8, 2017
Yes, this is a common service that many trademark attorneys provide. Contact a trademark attorney and ask for an infringement opinion. The attorney will review your proposed designs and the registered trademarks, and then prepare an opinion letter on the likelihood of infringement.
What's the purpose for listing the items the brand currently offers? Thanks!
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answered on Oct 18, 2017
It all depends. Of course you can trademark the brand, which identifies the source of the goods / products / services. You can also trademark the name of a product sold by that brand, which again identifies the source of the goods / products / services. Think of a large company like Coca Cola,... View More
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