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answered on Jul 23, 2024
Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More 
I have a tradmark regitered in the US since 2015, an individual registered the same trademark name in the United Kingdom in 2022, we would like to expand to the UK and register the trademark, are we likely to be rejected do we have any rights as the trademark was already registered in the US many... View More
I want to make a shirt for myself from Mattel's Ever After High (not for sale or profit). Ideally, in the first scenario I would be using the full logo that comes up when searched- the pink heart locket with the logo inside. Second situation, I would be using the white notebook paper version... View More
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
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answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More
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answered on Jul 19, 2024
Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More
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answered on Jul 19, 2024
You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.
You would need to... View More
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answered on Jul 18, 2024
Designing and selling your own Caitlin Clark t-shirts could potentially involve trademark and copyright issues. Caitlin Clark, as a public figure and athlete, may have her name, image, and likeness protected under trademark law. Using her name or likeness without permission could lead to legal... View More
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answered on Jul 18, 2024
Yes, you can sell T-shirts with images of President Donald Trump in the U.S. Generally, using the image of a public figure like a president is allowed under the First Amendment, which protects freedom of speech and expression. However, you should ensure that the image you use is either in the... View More
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answered on Jul 18, 2024
Dealing with a trademark opposition from a large company can be challenging, but there are steps you can take to address the situation. First, review the specifics of the opposition notice to understand their claims fully. It's important to assess whether the similarity between your trademark... View More
I created a product and planning to sell it under my brand. I also created an LLC as a business that will be selling the product. I am trying to understand what the trademark owner entity should be - myself as an individual, or my LLC? The LLC will be selling the product, but it's my LLC, and... View More
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answered on Jul 18, 2024
When deciding whether to register your trademark as an individual or under your LLC, consider your long-term business plans. If you plan to eventually dissolve the LLC or change the business entity, it might be more straightforward to register the trademark under your name. This way, you retain... View More
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answered on Jul 18, 2024
To trademark your business, start by conducting a thorough search to ensure no one else is using the same or a similar name or logo. This involves checking the United States Patent and Trademark Office (USPTO) database and possibly other databases to confirm that your desired trademark is unique.... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?
answered on Jul 11, 2024
Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More
I need to register a trademark, and I need to clarify the ownership. The trademark is intended for the product line / brand name of the product that I created. I formed an LLC to sell the product under. The name of the LLC is the same one as the Trademark name with the added ",LLC" after... View More
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answered on Jul 18, 2024
When deciding whether to register a trademark under your name or your LLC, consider how you intend to use and manage the trademark. Since your LLC will be selling the product and its name includes the trademark, it often makes sense to register the trademark under the LLC. This ensures that the... View More
The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More
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answered on Jul 10, 2024
If the artist is using either the photograph or the mural for "advertising purposes" or for "purposes of trade" then you can put a stop to it through court order (i.e., an injunction) and potentially obtain damages.
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answered on Jul 18, 2024
Selling fake products, even if you clearly label them as fake, is illegal in Virginia. This practice violates both state and federal trademark laws. Trademark laws protect consumers from confusion and deception regarding the authenticity of products.
Additionally, selling counterfeit items... View More
I have a product that is trademark registered. For the example let's call it "ZOOZY". We make fans. Currently our website is "Zoozyfan.com." Currently someone owns the site "Zoozy.com" and they are not using it but also won't sell it. Can I trademark the... View More
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answered on Jul 18, 2024
Trademarking a .com domain directly to gain control of it is not typically possible. Trademarks protect brand names and logos used on goods and services, not domain names specifically.
However, since you have a registered trademark for "ZOOZY," you might be able to use that to... View More
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