Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Trademark Questions & Answers
0 Answers | Asked in Copyright, Products Liability, Intellectual Property and Trademark on
Q: can we use the name 'Goosebumps' for a different project which involves creating a bank of stories?

We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More

0 Answers | Asked in Trademark for Arkansas on
Q: Would it be illegal to use a trademark of someones to name your own foundation?

Brit Ellerman has had the phrase "It'll Buff" trademarked since 2019. I was just wondering if it would be illegal for me to name a foundation "It'll Buff" the Trenton Barger Foundation in remembrance of my 15 year old son who was killed by a POS who was driving a... View More

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for Indiana on
Q: What licenses or certifications do I need to start a business on Printify in Indiana?

I don't know if I need to create a tax ID, register my proposed business entity as a business, or whatever else I might need to do to start a business. I don't want to get in trouble later for something I didn't do today.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To start a business on Printify in Indiana, you'll need to take several steps to ensure you're operating legally. Here's a concise overview of what you'll likely need:

1. Business Structure: Choose and register your business structure (e.g., sole proprietorship, LLC,...
View More

1 Answer | Asked in Trademark on
Q: Can CARREFOUR - Trademark pervent me from calling my store carrefour mars?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To answer this question, we need to consider a few key points about trademark law:

1. Similarity: "Carrefour Mars" is quite similar to the existing CARREFOUR trademark. This similarity in name could potentially lead to consumer confusion.

2. Industry and goods/services:...
View More

1 Answer | Asked in Trademark and Copyright for Massachusetts on
Q: How do I copywrite and trademark the Flying Yankee name?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:

Copyright:

1. In the United States, copyright is automatically granted to original works upon...
View More

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is using 2 words out of a 4 word trademark infringement?

Trademark: The Mom Walk Collective

Intended use of Mom Walk:

(my city)Mom Walk

(City) Mom Walk Club

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

Using two words out of a four-word trademark could potentially be considered infringement, depending on how distinctive and recognizable the original trademark is. The Mom Walk Collective may argue that "Mom Walk" is a significant part of their brand identity, and using it could confuse... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: my product trademark same as someone's company name?

I have come up with a brand name for my product, to be sold on Amazon. There is company with the same name, but not a product name, just their company name. (They are an artist showcase website) If I use this name on my product, could they come after me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

Using a brand name that matches someone else's company name can be risky, even if they operate in a different industry. Trademark law aims to prevent confusion among consumers, and using the same name might lead to legal issues if the company believes your product could cause such confusion.... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: How can I apply for a trademark authorization license from KLS Press, LLC?

I have a store selling t-shirt products on Tiktok shop and I received a violation for unauthorized association with the brand when my image and product description had content related to "The Ravenhood", I look forward to being able to contact and discuss with KLS Press, LLC to receive a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024

Here are some suggestions for how to pursue a trademark authorization license from KLS Press, LLC to sell products related to their book series "The Ravenhood":

1. Look up the official website for KLS Press or the author, Kate Stewart. There may be information there about...
View More

1 Answer | Asked in Trademark for Illinois on
Q: Court Case Title: 24-cv-4203 or case number: 1:2024cv04203 what is it? warning to seller or law suit?

is warning issued by court to deactivate the listing? If not than measures will be taken. Or What is it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024

Based on the case number provided (1:2024cv04203), this appears to be a federal court case filed in the Northern District of Illinois in 2024. The "cv" in the case number stands for "civil," indicating that it is a civil lawsuit, not a criminal case.

Without more...
View More

2 Answers | Asked in Trademark and Intellectual Property on
Q: how can i go about trademarking my dj name DJ Pardon My French. i would like to make merch such as clothes and phone cas

-es

also i would like to know how to start a business profile for my djing. such as an LLC

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024

Here are the key steps to trademark your DJ name and start a business:

Trademarking Your DJ Name:

1. Search the USPTO trademark database (TESS) to see if your DJ name or a similar mark is already registered.

2. If it's available, file a trademark application with the...
View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Mississippi on
Q: I need to make this trademark active

I need to make this trademark active Glitzissippi

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

There are two abandoned applications for the word mark GLITZISSIPPI. The one for ballet shoes was abandoned in 2015 for failure to respond to an office action. The other for entertainment services was abandoned in 2014 after a notice of allowance because no statement of use was submitted. Neither... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Hi I want to use a cancelled trademark (cancelled in 2006) to be a wine label for commerical purposes. Can I?

The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Using "This Is The Way" to signify going to the next page on my website - would this be copyright or trademark on LucFm?

This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024

A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am the owner of Purple Dryad and have been so legally since 2017.

My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024

US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Minnesota on
Q: Saint-Tropez is trademarked. Ok to use Saint Tropez for 025 clothing?
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Minnesota on
Q: Hello! Is it legal in a book to have gang mask disguises/code names based off of a movie?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

Using gang mask disguises or code names based on a movie in a book can raise legal issues related to copyright and trademark infringement. Movies and their associated elements, such as character names, costumes, and specific iconography, are typically protected by intellectual property laws. Using... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More

View More Answers

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.