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answered on Apr 11, 2024
It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:
1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm... View More 
About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More
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answered on Apr 11, 2024
I understand your concern and frustration with this situation. Here are a few important points to consider:
1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More
Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More
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answered on Mar 8, 2024
To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More
Hi! my name is Katerina,
I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm
Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More
answered on Feb 26, 2024
The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More
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answered on Feb 25, 2024
Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both... View More
I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More
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answered on Jan 1, 2024
When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.
A subtle yet clear way to... View More
answered on Dec 2, 2023
You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More
im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used
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answered on Nov 13, 2023
Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More
I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More
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answered on Nov 8, 2023
Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More
People ask me for this. No picture is sold, just my time and supplies.
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answered on Nov 8, 2023
Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More
answered on Nov 3, 2023
There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More
I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?
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answered on Oct 16, 2023
Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More
answered on Oct 12, 2023
If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More
answered on Sep 28, 2023
This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.
If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More
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answered on Sep 4, 2023
Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More
I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More
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answered on Sep 11, 2023
Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More
I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.
answered on Aug 8, 2023
LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More
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answered on Aug 6, 2023
To seek permission to use a trademarked phrase, you should try to identify the owner of the trademark and contact them directly. You can search the United States Patent and Trademark Office (USPTO) database or other relevant sources to find the trademark owner's contact information. If you are... View More
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