Lawyers, Answer Questions  & Get Points Log In
Trademark Questions & Answers
1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark on
Q: Someone is impersonating my business. What can I do?

I found that this individual has successfully managed to register my brand name (which I did not trademark) with US, EU and UK trademark offices. He copied my website and is now copying my products and selling them internationally under my brand name.

Individual is now sending takedown... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 27, 2022

You have urgent need to retain experienced counsel to address the hijacking of your brand.

The infringer's trademark registration can be cancelled based upon your prior use, even though you had not registered it. You also have grounds to sue for trademark infringement and unfair...
Read more »

2 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 26, 2022

You need to consult with an attorney to guide you through the process.

View More Answers

0 Answers | Asked in Copyright and Trademark on
Q: Can I use just the devil from the Manchester Utd Logo?
1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... Read more »

0 Answers | Asked in Trademark for Ohio on
Q: Does anyone know any specific case law where the addition of a word(s) to a registered trademark belonging to someone

else was sufficient to eliminate any likelihood of confusion?

1 Answer | Asked in Business Law and Trademark for Michigan on
Q: So I wanna start a business And i wanna make a logo with the outline of a gtr (a car) will I get copyrighted or sued
Evan Ficaj
Evan Ficaj
answered on May 23, 2022

A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.

To properly answer this question, you should meet with an attorney to discuss details...
Read more »

0 Answers | Asked in Trademark for California on
Q: Hello, how do I Trademark my name?

note: I had this name"Ticc Tocc" for more then 30+ years

1 Answer | Asked in Trademark on
Q: Am I able to trademark my name?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 21, 2022

A person's name (or even nickname) can be a trademark for goods or services, if used with permission of the person, and may be registered with the US Patent & Trademark Office.

You must show how the name is used to identify the source of the goods or services in commerce....
Read more »

0 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Georgia on
Q: I invented the Instacart app and it got stolen, I also have more inventions to submit and I need help with it all.

I do not know what to do about my app getting stolen and I would like some legal help with protecting all my other inventions and apps.

0 Answers | Asked in Contracts, Bankruptcy and Trademark for Indiana on
Q: I want to go bankrupt but I have a land contract (written) where I pay monthly. Can they take my home?

My contractor owns 2 properties and has a loan under both homes. I’m in a land contract and pay a monthly payment. I wouldn’t think they can’t do anything to the property since I don’t own it yet.

0 Answers | Asked in Trademark for Illinois on
Q: How do I get a trademark registration number for my Brand?

Brand Name: Klean Car

I got this domian name from Go Daddy.

Brand is for auto detailing supplies.

0 Answers | Asked in Copyright, Libel & Slander and Trademark for Pennsylvania on
Q: Could Marvel, Disney, etc. sue me for using Times Square costumed characters like Shrek and Batman in my graphic novel?

In my graphic novel that I plan on selling, I have a chapter where my original character fights costumed characters like Shrek, Batman, Elmo, Buzz Lightyear and Spiderman in Times Square. I make it very clear that there are fat disgusting men inside the costumes and that it's not actually... Read more »

2 Answers | Asked in Trademark for Florida on
Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?
Joanne Belasco
Joanne Belasco
answered on May 11, 2022

While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact... Read more »

View More Answers

1 Answer | Asked in Trademark on
Q: Regarding starting up a business under a name that is used by a business in another area of work

There is a magazine company using a name that I would like to use for my clothing brand (I must add that they have registered copyright over this name in the magazine sector but it has since been cancelled section 8). If I were to create a clothing brand under this name and potentially register... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 11, 2022

This is a trademark question, not a copyright question. If the magazine's trademark registration for printed matter has been canceled, and there is no other current user of the mark for apparel, then you may be able to use and register the mark for apparel. You should consult a qualified... Read more »

0 Answers | Asked in Copyright and Trademark on
Q: Can I use a picture in which I'm singing with Bumblebee cosplayer for a Spotify profile picture?

Bumblebee is the yellow robot of Transformers saga. I want to use the picture I'm with him on my Spotify and Instagram page. I'm a rapper.

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.