i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... View More 
answered on Jun 6, 2018
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered... View More
A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.
I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now
answered on May 29, 2018
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You... View More
ement. I do not have a trademark but it says its still available.
answered on Jan 29, 2018
Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
I came up with an idea for a mobile app and looked online to see if there was anything similar in the works. There is, and the person has trademarked the name and the general idea. But, it's not 100% identical. Their idea seems to be broader in scope than mine. If I come up with a different... View More
answered on Jan 12, 2018
Most likely not, but an attorney would need to know all the facts to give a confident answer.
Do I need a patent, trademark, or copyright?
answered on Oct 25, 2017
What type of class? How is the class material presented?
It's likely that copyright is the appropriate type of protection, but it's unclear without more information.
This link is the page for their trademark: https://trademarks.justia.com/864/36/fasttrack-86436928.html
answered on Sep 19, 2017
It depends on whether your use of that same mark could be confusing to consumers. If so, you could be liable for triple damages, and could have to pay GM's legal fees if a court determines that you infringed. GM has enough money to fund legal action against you. Use the Find a Lawyer tab... View More
She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with... View More
answered on Aug 22, 2017
You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.
I am creating a new company and was browsing Etsy for logos. I stumbled upon a premade logo that is being sold with a company name. It is not one of a kind, therefore can be sold to other people as well. If it has not been copyrighted/trademarked/registered yet, am I able to use this logo and... View More
answered on Aug 8, 2017
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use... View More
answered on Jul 26, 2017
A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.
In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods... View More
Now he did not pay me or even ask me to make it I just did it based off our conversation. After I made the design I tried to sell it to him but he didn't want it. A few months later I wanted to create a design company using that slogan as the name. I want to use the design as my logo. Would I... View More
answered on Jun 5, 2017
A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you.... View More
Creating an events mobile app and one of the events would be Netflix and Chill. I see it's trademarked by some individual who is not Netflix. How should I go about this thereby avoiding any legal repercussions by the individual holding the Trademark and Netlflix?
answered on Mar 13, 2017
Use the Find a Lawyer tab to contact a local trademark attorney who can review the situation, what you intend to do, the ownership of the other trademarks, and advise you on your options. It depends on all those facts that the attorney will have to review before being able to advise you.
answered on Jan 16, 2017
A trademark can be "assigned" (fancy lawyer word for sold or transferred) with a simple assignment document. If the trademark is registered with the US Patent and Trademark Office, the assignment can be recorded with the USPTO.
I plan to make carpets, tables, cup holders, candle holders, pencil holders, vases.
answered on Jan 9, 2017
The USPTO web site provides the Acceptable Identification of Goods and Services Manual (ID Manual) which lists many categories of goods which are in different classes. Here is the link:
https://tmidm.uspto.gov/id-master-list-public.html
The items you list are in several different... View More
answered on Jan 3, 2017
Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
