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Your current state is Ohio
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
Artist
US Class Codes002, 005, 022, 023, 029, 037, 038, 050
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answered on Dec 26, 2024
To secure a trademark in the Hartford area, you have several options worth considering.
The U.S. Patent and Trademark Office (USPTO) handles all federal trademark registrations, and while they don't have a physical office in Hartford, you can work with a qualified intellectual property... View More
I am currently exploring the launch of a peer-to-peer lending platform named Lendmi. During my research, I discovered that a platform called Lenme, operating in the same P2P lending space, is registered as a trademark in the United States.
Given the similarities in pronunciation and the... View More
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answered on Dec 26, 2024
The similarity between "Lendmi" and "Lenme" could indeed create a considerable risk of consumer confusion, particularly given that both operate in the peer-to-peer lending market. The shared first syllable "Lend" combined with similar-sounding short endings might lead... View More
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answered on Dec 21, 2024
Selling unbranded products online requires careful consideration of several legal aspects.
The legality depends on whether these products infringe on existing trademarks, patents, or intellectual property rights. While selling generic, unbranded items is generally allowed, you must ensure... View More
I am working on a tabletop game with an Open Game License, I was just wanting to make a little side project I could publicly put out there/gain donations for the project and not get into legal hot water.
My game is generic, so I know that bit won't cause any issues, but, I'd... View More
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answered on Dec 20, 2024
Open game licenses are interesting beasts because the fundamental concepts and mechanics of tabletop games are not protectable by any form of intellectual property. This is a particular interest of mine and one that I'd be glad to discuss in depth offline.
We want to launch and incorporate a videogame company in Canada (Ontario) that legally incorporates our subsidiary game studios. However, we discovered that there is (or used to be) a studio with the same name in the US (California).
However, after doing some research, the following was... View More
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answered on Dec 19, 2024
U.S. Trademark rights are established and maintained by using a mark in interstate commerce. I'm not a Canadian lawyer so can't really speak to Canadian TM rights. Anyway, if a mark is not used for a period of time, the rights lapse. This would be the case even if there were a... View More
answered on Dec 18, 2024
That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
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answered on Dec 12, 2024
Taking photos of your completed tile work can be tricky from a legal perspective, as several factors come into play.
Generally, you can share photos of your craftsmanship on Instagram if you have permission from both the property owner and the general contractor. Make sure to respect any... View More
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answered on Dec 11, 2024
Using OmniTasker could potentially create trademark issues with The Omni Group, who owns the "OmniFocus" trademark and several other "Omni-" prefixed product names in the task management software space.
Trademark law aims to prevent consumer confusion about the source of... View More
I see the trademark exists but in other industries.
answered on Dec 4, 2024
GODMODE (as a single word) is currently registered for athletic apparel. In view of this, you're unlikely to be able to register GOD MODE for clothing.
I am aware that the Felix the Cat theatrical shorts are in public domain, but the character is trademarked by Dreamworks. Because of this, what should I do to avoid trademark infringement if I want to create a derivative work based off the original shorts?
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answered on Dec 7, 2024
When creating derivative works based on Felix the Cat's public domain shorts, you'll need to be very careful to differentiate your creation from the trademarked properties owned by DreamWorks. Focus on using only elements directly from the pre-1923 shorts, and make clear visual and... View More
City logo was designed by a city official in their freelance business. I stated that the city and designer should expect an injunction from the company with the trademarked logo. I was posting on social media as a concerned citizen. I stated that the level of carelessness in the logo could be... View More
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answered on Dec 3, 2024
Truth is generally the strongest defense against defamation claims, and expressing your honest opinion about potential trademark issues would likely be protected speech. Your comments appear focused on legitimate public concerns about government spending and potential legal risks to taxpayers,... View More
I am specifically interested in acquiring trade mark Serial # 87847526. If possible could you send your answer to :
answered on Dec 2, 2024
If the trademark application/registration is abandoned, then anyone can file a trademark application to claim it.
USPTO application fees are non-refundable, and currently take about 9 months before an examiner will pick up your application. I highly encourage you to hire a competent... View More
answered on Dec 1, 2024
In order to have protection in the US a Trademark must be filed in the United States with the USPTO. An Australia trademark does not protect you worldwide or outside the registered country.
received a Notice of Publication, my current listing of goods (Aquarium ornaments; Aquariums; Artificial aquarium landscapes) has changed. I no longer have plans to use any of the classes I filed for as my product line changed after I submitted the filing.
I will now be selling live... View More
answered on Dec 3, 2024
Hi, you are asking a very specific legal question about trademark law. I highly encourage you to retain a competent trademark attorney to answer this question for several reasons:
First, most lawyers have liability insurance that prohibits them from answering detailed legal questions... View More
The Hoodie and T Shirt Line is based off my recently release Autobiographical Memoir: The Fifth General Order by Jonathan Phillips
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answered on Dec 1, 2024
You'll want to conduct a thorough trademark search before using "Hold The Line" on clothing, as this phrase has been used in various contexts, including by other apparel brands. Given that your usage connects to your published memoir, you might have stronger grounds for using it, but... View More
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answered on Dec 11, 2024
To claim an abandoned trademark, you'll need to conduct thorough research to confirm the mark is genuinely abandoned. Start by searching the USPTO database to verify the trademark's current status and find out when it was last renewed or used in commerce. Remember that a trademark must be... View More
sunshine character, using the same colors. Is that legal?
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answered on Nov 24, 2024
You have to be more specific because you have not provided enough facts to enable any attorney to provide a meaningful response and guide you accordingly. Good luck.
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