Your current state is Virginia

answered on Nov 20, 2023
The cost to trademark a therapy approach involves several fees.
First, the filing fee for a federal trademark application through the United States Patent and Trademark Office (USPTO) typically ranges from $250 to $350 per class of goods or services. The cost depends on the filing basis... View More
I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

answered on Nov 20, 2023
Hi Wes,
Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand... View More
I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

answered on Dec 4, 2023
Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

answered on Nov 18, 2023
Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More
I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More

answered on Nov 17, 2023
In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More
my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

answered on Nov 17, 2023
In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

answered on Nov 17, 2023
Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More
What would it cost me to Trademark them?

answered on Nov 17, 2023
In Connecticut, trademarking your superhero characters can help protect their names and distinctive elements, preventing others from using similar marks in a way that could cause confusion. Whether you should trademark all four depends on factors like their commercial use and the level of... View More
I would prefer they not be allowed to trademark the name as this will lead to court proceedings when I challenge them on the use of my ghost writing name. What can I do to make sure that legally I can still use the name without them charging me for their mistake

answered on Nov 17, 2023
If you have been using the name "Jecture" in commerce before someone else's trademark application, you may have common law trademark rights. These rights are established through actual use of the name in business. To protect your use of "Jecture," consider filing for a... View More
...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.
Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

answered on Nov 17, 2023
If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More
I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.
Thank you.

answered on Nov 13, 2023
When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More
What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More

answered on Nov 13, 2023
In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More

answered on Nov 12, 2023
Using the Hot Wheels trademark without permission could potentially infringe on Mattel's intellectual property rights. Here are some key factors to consider:
- Hot Wheels is a registered trademark owned by Mattel since 1968. They have strong legal protections over unauthorized use of... View More
I'm starting an Etsy shop, which will be selling internationally. I'm looking for a really good trademark search tool, so that I can make sure none of my products are using trademarked words.

answered on Nov 13, 2023
To ensure comprehensive protection and avoid potential trademark conflicts globally, you should consider conducting a broader search. This can include databases from specific countries where you plan to sell your products, or using international trademark databases such as WIPO's Global Brand... View More

answered on Nov 13, 2023
Whether you need to change the name of your business, FlexAssist, because TaxAssist is trademarked depends on several factors. First, consider the nature of both businesses. If they operate in the same or similar industries, there could be a higher risk of confusion, which is a key concern in... View More
im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

answered on Nov 13, 2023
Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More
I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More

answered on Nov 8, 2023
Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More
Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More

answered on Nov 8, 2023
It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More
I want to sell illustrations of a movie in coffee Mugs, but the name of the movie is registered as a verbal trademark for the Niza classification code of this item (021). Can I still sell these illustrations on coffee Mugs if I don't add the name of the movie? (for example, a portrait of the... View More

answered on Nov 8, 2023
If you create and sell illustrations based on a movie, even without using the trademarked name, you may still encounter legal issues related to copyright and trademark law. The visual representation of characters and other significant elements from the movie can be protected intellectual property,... View More
Owning my name given at birth

answered on Nov 6, 2023
In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More
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.