Get free answers to your Trademark legal questions from lawyers in your area.
Your current state is Ohio
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.
I would like to trademark mainly in the US and Europe, maybe even international. I just need clairfication if the trademark is possible to get.
answered on Nov 20, 2024
There are US registrations for MODELLA used on software in class 009, and on travel bags in class 018, but not for apparel in class 025 or store services in class 035. Most likely this mark can be registered for the uses you propose.
I want to reachout to servicenow to sell this domains, i believe it may help them for future products and projects.
I don't know the legal things,
Please guide me
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answered on Nov 15, 2024
Your desire to sell these domain names to ServiceNow requires careful consideration due to potential trademark issues.
These domain names could be viewed as "cybersquatting" since they incorporate ServiceNow's trademark. The Anticybersquatting Consumer Protection Act (ACPA)... View More
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answered on Nov 14, 2024
You can reach most attorneys on Justia through our directory listings.
I am planning to launch a brand called 'EXPFlex' that will primarily sell yoga mats. I recently discovered that there is another brand called 'POPFlex' in the same industry, selling yoga mats(with different pattern and material). While the names have different starting letters,... View More
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answered on Nov 24, 2024
There are potential trademark risks with using 'EXPFlex' given its similarity to 'POPFlex' in both spelling and industry focus. While different first syllables provide some distinction, the shared 'Flex' suffix and yoga/fitness market overlap could raise concerns about... View More
I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted
answered on Nov 13, 2024
If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More
I am considering registering a domain name that combines a publicly traded company’s name with the word ‘stock’ (e.g., [CompanyName]Stock.com) to independently present public information about the company's stock performance, financial data, and other objective metrics. The site would... View More
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answered on Nov 12, 2024
If you are not using the mark to establish a brand in the selling of goods and services, using the mark as part of a domain name for a website is usually considered minimal use and not sufficient to constitute trademark infringement.
Consider my annotation to this case where the mark was... View More
answered on Nov 11, 2024
In order to move forward with a trademark you must file an in-use or intent-to-use application with the USPTO. It is recommend to do a quick search of the USPTO to check if your potential trademark is already in use. It is recommended but not required to work with a Trademark Attorney or Specialist... View More
In trademark class 16, do any of the below or any other terms refer to books (as some of these are components of books/another way of referring to books) or is it only when it's written as “books, coloring books, comic books, writing or drawing books etc.”
paper, copy paper, paper... View More
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answered on Nov 14, 2024
In trademark class 16, "books" can indeed be described using various terms, and many of the items you've listed could potentially overlap with or include books depending on context.
"Printed matter," "printed materials," and "printed... View More
Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.
answered on Nov 8, 2024
The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More
Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
I will be making the robe shorter and have some other small modifications, like panels put in etc. the fabric will be the same however and my brand is DRYLIFE. What are your thoughts?
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answered on Nov 15, 2024
The concept of creating modified changing robes for the African market shows great potential, especially with thoughtful adaptations for local needs. Shorter robes could be more practical and comfortable in warmer climates, while potentially reducing material costs and retail prices.... View More
I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website
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answered on Nov 3, 2024
The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More
My rights
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answered on Nov 24, 2024
Your situation regarding family history and trademarks in museums is quite complex and touches on both intellectual property and cultural heritage rights.
If your family name and historical artifacts are being used by the museum without proper authorization or agreement, you should first... View More
My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More
answered on Oct 30, 2024
Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the... View More
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