This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered...View More
You may generally use your own registered trademarked logo within graphic artwork. However, any modifications to the logo should be done with caution to avoid weakening the distinctiveness of the registered trademark and potentially infringing on the rights of others. It is advisable to consult...View More
Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be...View More
Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... View More
Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee...View More
Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to...View More
Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark...View More
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?
The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.
Otherwise, I would venture that even by just putting it on there, there could...View More
My small bakery business name is not currently registered on USPTO as a bakery, but several bakeries in other states have websites or social media pages with the same or a very similar name. I'd like to register it, but am wondering if I will lose the non-refundable application fees since some... View More
When it comes to trademarks, priority matters most. Priority is established by using a mark, in commerce, in conjunction with the offering of particular goods and services. Generally, first to use in commerce gets priority rights to the mark, though there is an exception in that you can file an...View More
You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.
It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.
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