Get free answers to your Trademark legal questions from lawyers in your area.
City logo was designed by a city official in their freelance business. I stated that the city and designer should expect an injunction from the company with the trademarked logo. I was posting on social media as a concerned citizen. I stated that the level of carelessness in the logo could be... View More 
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answered on Dec 3, 2024
Truth is generally the strongest defense against defamation claims, and expressing your honest opinion about potential trademark issues would likely be protected speech. Your comments appear focused on legitimate public concerns about government spending and potential legal risks to taxpayers,... View More
Here is our TM information - it looks like it was trademarked as a word and not a logo, is that what you see?
Serial Number86491013
Registration Number4790337
Word Mark - CIRRUSSENSE
answered on Oct 18, 2024
Correct. A "standard character mark" means a word mark.
Word marks are the strongest type of trademarks because you can use any font or color, and there is no accompanying graphic design analysis required when you consider the likelihood of confusion factors for trademark infringement.
Am I protected with my copyright or does the trademark override my copyright?
answered on Sep 26, 2024
Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.
In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be... View More
I would use the Wonder app.
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answered on Sep 25, 2024
Using a cartoon image of public figures like Donald Trump and Sean Hannity for commercial purposes, such as an album cover, can raise legal concerns. Even though public figures have less protection under right of publicity laws, you might still face legal risks, especially if the images suggest... View More
Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.
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answered on May 19, 2024
To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:
1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are... View More
The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.
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answered on Mar 20, 2024
Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More
Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?
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answered on Feb 27, 2024
Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More
I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.
answered on Jan 22, 2024
To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More
We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a... View More
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answered on Dec 15, 2023
In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds... View More
can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?
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answered on Nov 8, 2023
Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might... View More
Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More
answered on May 19, 2023
Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... View More
What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?
answered on May 3, 2023
The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
answered on Apr 10, 2023
The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.
But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely... View More
My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More
answered on Mar 17, 2023
As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More
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answered on Mar 10, 2023
It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More
Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.
answered on Sep 30, 2022
The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.
answered on Sep 26, 2022
Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.
The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?
answered on Aug 31, 2022
Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... View More
"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?
answered on Jun 12, 2022
There is no existing registration for ELF BAR, in any class of goods or services.
There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for... View More
This may be a complex question, but I am trying to figure out the right way to ask.
Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).
Now I want the domain... View More
answered on Jan 21, 2022
A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... View More
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