Get free answers to your Trademark legal questions from lawyers in your area.
Your current state is Ohio
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
answered on Oct 29, 2024
Choosing the name "River Oaks" for your clothing line is a thoughtful decision. It's important to first check if the name is already in use within the fashion industry or if it's trademarked. Conducting a thorough search through trademark databases and business registries can... View More
Now they issued a failure to appear warrant. I thought at worst that I would forefit my cash bond to settle the case and it would just end it as an admission of wrong doing
answered on Oct 28, 2024
Hire a GA attorney now to turn you in off the Docket, then start representing you. Also find out what you need to reinstate the DL.
answered on Oct 26, 2024
If the trademark expired you are free to register a new application for the mark. However, it is recommended to work with a trademark attorney to conduct a trademark search for similar or existing marks prior to filing for the trademark application.
I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?
the website name is only used for... View More
answered on Oct 25, 2024
Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More
I do not use the word Coquette in my design. I am just looking to see if I can use it as a descriptive word in my title or tags for my product. ex: coquette bow aesthetic or coquette bow shirt. Thank you.
answered on Oct 24, 2024
Using the word "coquette" in your product titles or tags, such as "coquette bow aesthetic" or "coquette bow shirt," may raise some concerns if "Coquette" is a registered trademark. Trademarks are designed to protect brand names and prevent confusion among... View More
I am in discussion with a manufacturer in China to become his distributor in UAE. We agree to take exclusive distribution meaning that they should not supply their products or brand to another distributor in UAE. We will be signing a contract for exclusive distribution.
How can I legally... View More
answered on Oct 23, 2024
Ensure that the Choice of Law provisions in the contract you are executing are subject to the laws of the jurisdiction where you are seeking to distribute the product, namely the UAE, otherwise it may be harder to enforce the terms of the agreement or license in that country.
Ensure any... View More
answered on Oct 23, 2024
The answer to your question depends on how and where you seek to provide in commerce the goods or services that the proposed trademark is attributed to. If for example, the origin of your goods or services come from outside the city you're seeking to incorporate in the trademark, this could... View More
answered on Oct 22, 2024
An application to register a trademark with the US Patent & Trademark Office can pay additional fees to have the mark registered in other countries under their national registries. Your trademark attorney can explain what countries are available for this feature and how much the fees are.
Here is our TM information - it looks like it was trademarked as a word and not a logo, is that what you see?
Serial Number86491013
Registration Number4790337
Word Mark - CIRRUSSENSE
answered on Oct 18, 2024
Correct. A "standard character mark" means a word mark.
Word marks are the strongest type of trademarks because you can use any font or color, and there is no accompanying graphic design analysis required when you consider the likelihood of confusion factors for trademark infringement.
I produce a product which features Alice in Wonderland ( public domain images and my own creative). Another company has trademarked this character. I dont use any of their assets but can they stop me from describing my product as Alice in Wonderland ? I sell online and the listing title cleary... View More
answered on Oct 18, 2024
You can generally use public domain characters like Alice in Wonderland without infringing on trademarks, especially if you’re using public domain images and your own creative elements. Trademarks usually protect specific branding elements, such as logos or particular stylizations, rather than... View More
I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More
answered on Oct 15, 2024
Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".
My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More
answered on Oct 14, 2024
If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More
I do not have a physical location for my business, so I used a personal address. I am a bit controversial online, and this information being public could be risky for me. Thank you for answering.
answered on Oct 18, 2024
Using a registered agent service can help keep your personal address private in public records. These services provide a business address that can be listed instead of your home address, ensuring your personal information remains confidential.
You might also consider updating your trademark... View More
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answered on Oct 18, 2024
Using brand names like Cadillac, Chevy, and GMC to describe the compatibility of your automotive accessory is generally permissible under nominative fair use. This allows you to reference trademarks to identify the products your accessory fits without implying any official endorsement or... View More
answered on Oct 11, 2024
Using "MARVEL" as part of your acrylic frame could potentially infringe on trademark rights. MARVEL is a well-known brand, and its name is legally protected to prevent unauthorized use that might cause confusion or imply endorsement.
If the frame is sold or distributed,... View More
I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?
answered on Oct 11, 2024
There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More
I want to make a Kool-Aid cake stand selling Kool-Aid and Kool-Aid cake variety of cake flavors made with Kool-Aid
answered on Oct 11, 2024
Using the name "Kool-Aid" for your cake stand can be challenging because it's a registered trademark. Altering the spelling to "C O O L A I D" might not be enough to avoid potential legal issues. Trademark laws are designed to protect brand names and prevent confusion among... View More
answered on Oct 8, 2024
Copyright protects the specific expression of ideas, not the ideas themselves. This means you cannot copyright the concept of a QR code. QR codes are a standardized technology used for encoding information, and their fundamental design is not something that can be owned through copyright.... View More
I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More
answered on Oct 4, 2024
When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More
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