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I am developing a character named Deak Starkiller for commercial projects, including books, films, and video games. Although the name Starkiller was previously used as an alias for Galen Marek and in early drafts for Luke Skywalker, my trademark search did not reveal any current trademark for... View More 
I want to use the name "Skywalker Detailing" for my business in Texas. The term "Skywalker" is trademarked by Disney, but my business is not related to film or entertainment. I have not checked the name availability with the Texas Secretary of State. Can I proceed with using this name?
I registered a business named "Extreme Tire & Auto" in New York State, and another company in the same city registered "Xtreme Tire" in the same year. We offer similar services. The other business has formally threatened legal action, claiming I must change my business name.... View More
I am an Amazon seller planning to purchase gummies from a brand to resell within the United States. I don't have any written agreements or communications with the brand yet, and I've only considered the Amazon platform for sales. I haven’t found any specific resale restrictions,... View More
I want to create a sports channel for my school titled WWSN. I have approval from school officials and do not plan to monetize the channel, but I am concerned about potential trademark issues with the name "WWSN." What steps should I take to ensure there are no legal issues with using... View More
I am considering using a symbol for meme purposes that has been trademarked since 2017. The symbol has been around for decades and is widely recognized. The trademark owner has publicly stated in interviews and publications that they would not pursue legal action for using it. I have not reached... View More
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answered on Apr 16, 2025
You always need the right to use a trademarked symbol even for a meme. Public assurances that the owner won’t sue don’t legally strip away their enforcement rights, since non‑assertion statements can be withdrawn.
If you’re using the mark purely to comment on or parody the brand... View More
I am interested in acquiring the trademark 'Health Couture' (Serial Number 77285924), which was abandoned due to failure to respond or late response as of June 20, 2008. I intend to use it for a for-profit health information resource magazine and newsletters. What steps should I take to... View More
answered on Apr 16, 2025
Since the application has been abandoned, you can just file your own trademark application.
I am considering starting a YouTube channel focused on gaming, skits, and occasional food reviews. I chose a channel name independently, but it is similar to a trademarked restaurant name; the trademarked name includes "Pompeii Pizza" while my chosen name is "Pompeii Pizzeria."... View More
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answered on Apr 16, 2025
Using the name "Pompeii Pizzeria" could potentially lead to legal issues if "Pompeii Pizza" is a registered trademark and your channel name is seen as confusingly similar. Trademark law focuses on the likelihood of confusion—meaning if your use of the name could cause... View More
I'm looking to understand how long a trademark is valid in the USA, specifically for one that I currently own.
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answered on Apr 13, 2025
As long as you use it, for the goods or services for which you use it.
I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More
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answered on Apr 16, 2025
When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More
I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More
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answered on Apr 13, 2025
Initially, I would advise seeking trademark counsel to fully advise you on your situation.
There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of... View More
I am planning to use the name 'Dirty South Co' for a clothing brand that I am currently selling. I have not conducted any trademark searches or consultations yet. Is 'Dirty South Co' trademarked, and are there any potential trademark disputes I should be aware of?
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answered on Apr 11, 2025
It's wise to be cautious when selecting a brand name, especially in the clothing industry where trademarks are common. The phrase "Dirty South" has been used in various trademarks related to apparel. For instance, "DIRTY SOUTH BOUTIQUE" is an active registered trademark for... View More
I'm planning to title my novel "The Blair Ghost Project" as an homage to the Blair Witch series. The novel is intended for commercial publication, and I haven't used the title publicly yet. The only similarity is that the main character, Blair, investigates a murder. I... View More
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answered on Apr 11, 2025
You're right to think carefully about this before publishing, especially since you're planning to use the title commercially. “The Blair Ghost Project” is very close in sound and structure to “The Blair Witch Project,” which is a well-known and trademarked property. Even if your... View More
I am awaiting the transfer of a trademark that the owner requested to be assigned to me. The request was submitted on March 25, but I haven't had communication with the trademark office. I have received confirmation of the new assignment paperwork but haven't contacted anyone there yet.... View More
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answered on Apr 11, 2025
Waiting without updates can be stressful, especially when legal ownership is involved. Since trademark assignments are handled federally through the **United States Patent and Trademark Office (USPTO)**—not a California state agency—you can start by checking the status directly through the... View More
I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More
I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More
answered on Apr 11, 2025
Since you have already been using the name in the marketplace, your best first step is typically to file a federal trademark application. Normally, if you were using the mark in commerce prior to the other party, you would send the other party a cease and desist, informing them they are infringing... View More
I am organizing a celebration of life event for a friend who was a public figure and recently passed away. The event is free to attend. I would like to collect donations through a link on my website and auction off autographed items he gave me before he died to raise funds. None of these items... View More
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answered on Apr 12, 2025
You're doing something heartfelt and meaningful, and it’s thoughtful of you to ask before moving forward. In Oklahoma, you're generally allowed to host a fundraiser for a celebration of life, especially if the funds are covering event-related expenses and going to a good cause like a... View More
I am developing a geo-location trading app with gamified features and want to trademark the name "BookQuest." However, I've found that "BookQuest" is already registered under Barnes & Noble Booksellers, Inc. for online retail bookstore services, specifically for rare,... View More
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answered on Apr 8, 2025
If the trademark "BookQuest" is already registered by Barnes & Noble for their specific services, it may pose a challenge to using the same name for your app, even if your app’s purpose is different. Trademark law typically protects names that are associated with particular goods or... View More
I'm planning to start a skincare company using the name "Bāovéa" (meaning baobab tree and vital/life) and will trademark it. However, I've found existing companies named "Biovea," primarily in the health products industry, and "Baove," a Chinese company... View More
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answered on Apr 8, 2025
Using the name "Bāovéa" for your skincare company could present some risks, especially considering the similar names of "Biovea" and "Baove." The key issue here is the potential for confusion between the names. If people believe your products are associated with or... View More
I am a defendant in a mass lawsuit filed by Tangle Inc., alleging trademark infringement, willful counterfeiting, false association/false designation of origin, and jurisdiction in Florida. My only sale in Florida was a test purchase by the law firm made on November 1st, 2023, and I don't... View More
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answered on Apr 7, 2025
First, it's important to respond to the lawsuit in a timely manner, as ignoring it could result in a default judgment against you. If you haven't already, file a formal response to the court, which usually includes an answer to the complaint and any defenses you wish to raise. Given your... View More
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