Get free answers to your Trademark legal questions from lawyers in your area.
I had tried selling a T shirt with the phrase " You're killin' me smalls" and I was reported for legal infringement of a trademark of "you're killing me smalls". Is that the same thing? I don't think killing and killin' is the same, is it?
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answered on Jun 26, 2017
It's substantially similar and the context is the same... This most likely is infringement....
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answered on Jun 23, 2017
A Federal Trademark will offer you protection in the States that you do business in and the Madrid Protocol / System can protect you overseas since the U.S. is a signatory to that treaty. That said, the strength of your Trademark really depends upon how famous and recognizable it is in those... View More 
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answered on Jun 2, 2017
Yes, ever here of Ford?
Here's a question- A bunch of us worked at Eagle Comtronics (fact). We started a facebook group so that those that quit or got laid off can still keep in touch. (fact). We named the group Friends at Eagle Comtronics (fact). Can the owner of Eagle Comtronics threaten to sue us for using the... View More
answered on May 22, 2017
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. 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... View More
how can i go about it
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answered on May 12, 2017
Easiest thing would be to do a new application and explain in a note that you are reviving the cancelled one and either never discontinued use or discontinued use for a period but started using again. More specifics could be helpful and you can always look on the USPTO website which has a ton of... View More
i did not sign any release forms
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answered on May 10, 2017
Looks like a violation of your right to publicity and privacy, a violation of the following law
NY CLS Civ R § 50
NEW YORK CONSOLIDATED LAWS SERVICES
CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY
NY CLS Civ R § 50 (2000)
§ 50. Right of privacy... View More
I have a trademark for the same name and same class but different goods, the trademark is named "RapidEffects" it's for teeth whitening kits, and teeth whitening gel. The current registered trademark is for "Rapid Effects" it's for Conditioners; Hair care preparations;... View More
answered on May 5, 2017
It may be wise to be more creative to avoid possible IP infringement claims.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
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answered on May 4, 2017
Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.
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answered on May 2, 2017
There are a number of issues here, happy to discuss them on the phone.
While doing additional research on my purposed trademark I found another company with the same name and spelling which was labeled as registered. I was surprised to find them and using a registered mark since they were not listed on the USPTO. How could this be? This company is in another... View More
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answered on May 2, 2017
I believe you mean "proposed" and not "purposed." I cannot fully understand your question so here are some general statements:
1) a registered trademark confers on the registrant a presumption of ownership over the mark.
2) the nature, scope, and strength of... View More
I'm looking to apply for a trademark for a beverage container cover. My purposed name Is tradmarked for archery equipment under class 028. I'm hoping to use this name but don't want to bother moving forward if there could be a consumer conflict and not be approved. I plan on... View More
answered on Apr 19, 2017
Is there a likelihood for confusion? How similar are the names?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More
Question answered.
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answered on Apr 19, 2017
Those names are virtually identical, if you're in nearly the same industry and geographic market you should come up with a new name. I don't follow you about if the clothing line doesn't have products then how is it already in use, that seems contradictory.
1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... View More
answered on Apr 7, 2017
It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company... View More
I am forming a company and going to be doing business in the car repair business. My question is..when it comes to using a name is it the company name that gets trademarked or registered so that no one can use it? Or is it the business name(DBA)? Will I have to get the company name checked in the... View More
answered on Apr 7, 2017
You are confusing several issues. When you incorporate, you have to have a unique name for the state in which you incorporate. A "DBA" works the same way. To formally trademark the name as a brand, you need to file with the trademark office of the US government. That gives national... View More
Suppose I want to open a new hair salon service with the business name 'American Haircut Club' but another company doing a similar service is operating in the same state as me with the name 'Haircut Club'. Does the fact that my name is a little different since it has the word... View More
answered on Apr 6, 2017
The standard is whether there would be confusion about which company is which. Does not sound like an issue here.
the name is a simple word that can be used also for anything
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answered on Mar 27, 2017
Not if it would be confusing to the consumer and make them think that you were claiming ownership of their trademark or that you were the source of their goods. I'd need to know the actual names and proposed names to give you clearer advice on this, if you want to email me privately please do... View More
answered on Mar 17, 2017
I most certainly can if you would like to contact me feel free.
That said, this is something you can probably do yourself by going to the library of Congress website and following the prompts.
Our office handles copyrights for numerous songs written by musicians ( mostly we get... View More
The name "Godzilla Society" refers to a group of people discussing strange experiences they have had. This work of fiction us not about Godzilla; that creature is a metaphor for the unknown.
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answered on Mar 15, 2017
It's probably a bad idea to use "Godzilla" without contacting the owner of the trademark to obtain permission. The unique name "Godzilla" is obviously intellectual property that the owner would care to protect and enforce and it's probably unacceptable to the owner... View More
answered on Mar 11, 2017
See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... View More
answered on Mar 10, 2017
You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... View More
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