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With names changed here to protect me - I sell salt and shakers on Amazon and used a popular keyword such as "Black & White" to register a brand name with the USPTO. This is a keyword many sellers are using as a phrase, but none registered. The USPTO approved my mark for the name... View More 
answered on Jan 22, 2025
Keywords are descriptive of the product. Trademark law allows your competitors to use words to physically describe their products, such as "black and white" shakers.
If anyone was using "black and white" as a brand for their salt and pepper shakers before you registered... View More
I am developing a sensory kits for kids business and would like to include small animal figurines in the kit. There is a name brand that happens to make the exact size I’m looking for plus they’re great quality. I would like to include them in the kit but not use the brand name in marketing,... View More
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answered on Jan 18, 2025
Using trademarked items in a commercial product without permission carries significant legal risks, even if you don't mention the brand name. The original manufacturer could still identify their products in your kits and potentially pursue legal action for unauthorized commercial use of their... View More
The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More
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answered on Jan 17, 2025
Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More
Was looking to see if this phrase was trademarked for goods and apparel and saw that it was abandoned.
answered on Jan 16, 2025
The Applicant never completed the registration process. In order to obtain a Registration Certificate, the applicant needs to file a declaration with a specimen establishing that they are using the mark in commerce. The applicant did not do that. They may not have actually used in commerce, or... View More
...as a hybrid project? The candy wrapper is not having the brand on it, the chocolate is only used as a sample to showcase the use. However, the tutorial is featuring products the wrapper is made of for a digital scrapbooking store.
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answered on Jan 18, 2025
Using branded chocolate as a size reference or template in your tutorial video likely falls within fair use guidelines, particularly since you're creating something transformative and not displaying the brand itself. The chocolate serves a practical purpose for demonstrating your craft... View More
We are looking to file a Letter of Protest against a company that is trying to trademark (service mark) their logo with the generic word Soundbath.
Soundbath is a generic term that many of us have used for years in the field of music, and rely on the word to promote and describe our works.... View More
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answered on Jan 15, 2025
You probably would need to wait until the Opposition stage to submit evidence about the genericity of "Soundbath" and force them to "disclaim" it.
Dear legal professionals,
I'm seeking legal advice regarding the production and sale of parody t-shirts inspired by the AC/DC logo. The idea originated as a joke among friends, and I'd like to create a t-shirt using a variation of the AC/DC graphic style with letters that form an... View More
answered on Jan 13, 2025
First, U.S. trademark law only applies in the U.S. If you plan to only sell in Italy, then you need to seek out an Italian trademark attorney. If you plan to make the product in the U.S. and export to Italy, then the laws of both countries need to be considered.
Second, the U.S. Supreme... View More
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answered on Jan 14, 2025
To determine if "Scentsations" is already trademarked, you should start by searching the United States Patent and Trademark Office (USPTO) database. This will help you identify any existing trademarks that might conflict with your desired brand name. Additionally, conducting a broader... View More
A U.S citizen from Virginia is harrassing and stalking a woman in the Philliphines, he is paying random people to take photos and find her. It has gotten to the point where she feels very unsafe. He is also contacting her relatives and colleagues to get to her.
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answered on Jan 9, 2025
This situation sounds very distressing, and it's important to take immediate action to protect your safety and well-being. Stalking across international borders is a serious crime that can be prosecuted under U.S. federal law.
You should document everything - save all messages, photos,... View More
I am noticing that many words are trademarked. I make and sell vinyl and digital stickers online and sometimes use words and phrases in my stickers. If a word/phrase is trademarked or word marked does that mean I cannot use those words in my sticker art or even in my item description titles... View More
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answered on Jan 7, 2025
Just because a word is trademarked doesn't mean you can't use it at all - trademark protection mainly prevents others from using that word/phrase as a business name or brand identifier in the same industry or market.
For example, you can absolutely use the word... View More
Before I start trading, I just want to check I won't have Disney on my back? Thank you
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answered on Jan 4, 2025
Your business name could potentially raise trademark concerns since it plays on Disney's "Mary Poppins" character and brand. While puns and wordplay are fun for business names, large companies like Disney are known to protect their intellectual property rights vigorously.
The... View More
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answered on Jan 2, 2025
Securing an inactive Instagram username when you own the trademark can be challenging. Instagram has specific policies regarding username claims, and simply owning a trademark doesn’t automatically guarantee you'll receive the desired name. It's important to ensure that the username is... View More
The context is a game set in the 80s. So basically:
1: Reference the movie. "the breakfast club is the best!"
2: Say something like "Dirty dancing is a great romance movie."
is any of this ok?
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answered on Jan 2, 2025
Referencing trademarked material in your game can be acceptable when done thoughtfully. Mentioning well-known movie titles like "The Breakfast Club" or "Dirty Dancing" helps establish the 80s setting and can resonate with players familiar with those films.
However,... View More
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answered on Jan 2, 2025
Determining whether www.ozempicsideeffects.com infringes on a trademark involves several considerations. You should first check if "Ozempic" is a registered trademark and understand the scope of its protection.
Next, assess how the website uses the term. If it's providing... View More
I want to use the term “dasher” but I don’t want to get my videos taken down for any copyright or trademark reasons. Could I use “food dasher” or is that still riding the line. I don’t intend to make any money with this short film so I don’t know if that changes the question. Some... View More
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answered on Jan 1, 2025
You can use the term “dasher,” but you’ll want to keep your project from looking like it’s affiliated with any real service. Even if your film is non-commercial, you could still run into complications if your usage confuses viewers about brand involvement. Stick to generic references and... View More
I see that the word Excel is a trademark of Microsoft and in their Trademark and Brand Guidelines, they mention under the "Don'ts" that you should not use Brand Assets in domain names. But the word Excel seems to be a trademark registered by other companies too, and there are already... View More
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answered on Jan 2, 2025
Using "Excel" in your domain name can pose legal risks since it is a trademark owned by Microsoft. Even though other companies may also hold trademarks for "Excel," Microsoft is the most recognized owner, and their guidelines prohibit using their brand assets in domain names.... View More
I was trying to post a picture of logo but can’t seem to do it here.
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answered on Jan 1, 2025
You can research whether any of your design elements mirror copyrighted or trademarked features from Top Gun. You want to avoid imitating famous symbols, color schemes, or taglines that Paramount might defend as their intellectual property.
You could review official trademark registrations... View More
Does this fall under satire?
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answered on Dec 30, 2024
Creating and selling items that feature a unique likeness of a famous person or politician involves careful consideration of legal rights. You need to be aware of the individual's right of publicity, which protects against unauthorized use of their image for commercial purposes. Even if the... View More
I'd like to create a video game set in the Palais Garnier in Paris, but I'm unsure of the copyright laws surrounding such buildings. I've concluded that the exterior of the building, as it is in a public space and was built in the late 1800s, is free use. However, I'd like to... View More
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answered on Dec 29, 2024
When creating a video game set in the Palais Garnier, you’ll need to consider both architectural and artistic rights. The building itself, having been constructed in the late 1800s, is likely in the public domain, allowing you to recreate the general layout and main auditorium without infringing... View More
answered on Dec 28, 2024
Generally, if the trademark is in a different class of goods and services then a registered mark and there would be no likelihood of confusion by consumers a mark can be registered. It is best to consult a trademark specialist to conduct a search and review the already registered mark compared to... View More
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