answered on Mar 3, 2023
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... Read more »
specifially the grateful dead dancing bear graphic
answered on Feb 28, 2022
If a trademark registration has been cancelled, or if an application to register a trademark has been abandoned, that does not necessarily mean the trademark is no longer in use by its owner.
If the mark is still being used by its owner, but lacks a federal registration, your use for... Read 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) -->... Read more »
answered on Dec 30, 2021
Depends on the use. Most of the time they would have a program to allow people to show their logos.
Consult with an attorney.
answered on May 25, 2021
Maybe, it depends
You need to consult with an attorney to review your case and see what risks and options you have
answered on Apr 21, 2021
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... Read more »
Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?
how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space
answered on Dec 21, 2020
Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.
Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this... Read more »
answered on Jul 8, 2020
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... Read more »
answered on Apr 20, 2020
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... Read more »
It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.
answered on Feb 29, 2020
Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.
Would I likely get denied trademark even though their's is trademark with Dr. in front?
answered on Mar 12, 2019
Yes, very very likely
It will depend on the category where the existing trademark is registered
You should work both with a brand consultant and an attorney to make sure your selected brand is both strong for your marketing purposes, as well as clear, available and has a good chance... Read more »
would I probably get denied even though one is a good and one is a service?
answered on Mar 5, 2019
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 trademark of the... Read more »
In 2009 the status is as listed above. Am I able to register this trademark today?
answered on Nov 16, 2018
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.
Can other people use it? Or is it property of Paramount/CBS like I expect?
answered on Apr 19, 2018
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
i don't see evidence of it's current use in commerce. but how to prove?
answered on Feb 27, 2018
You can, as it is abandoned, but that does not mean your registration will be successful.
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?
answered on Nov 13, 2017
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... Read 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... Read more »
answered on Aug 31, 2017
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... Read more »
I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.
answered on May 23, 2016
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.
Creating an email and a flyer...do the pieces need to have the trademark symbol on them for Hills? I ask because we're not positioning ourselves as Hills, just saying they'll get a free bag from us.
answered on Feb 26, 2016
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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