Get free answers to your Trademark legal questions from lawyers in your area.
answered on Mar 27, 2024
The USPTO website is the most accurate website for a U.S. trademark registration status. If the trademark listed was "canceled," then the first person to apply for that trademark and the same class/listing would become the new owner once the examination was completed.
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I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More
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answered on Mar 13, 2024
I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More
A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More
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answered on Feb 25, 2024
Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More
I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?
I would... View More
answered on Jan 15, 2024
The concern is with trademarks, not copyright. You should consult an experienced trademark attorney to review your plan, research existing marks and assist with the selection of a mark that you will be able to register for exclusive use in the relevant market. If the game will be distributed in... 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
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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 Sep 20, 2023
When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.
Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.
answered on Aug 3, 2023
Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More
answered on May 4, 2023
In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.
So my point comes from that Sony Pictures Television owns the animated show "the critic" trademark, the show was created back in the mid 90s. I want to only hope that Sony keeps the trademark of the show. Its just a matter of do they have complete control of the trademark when its filed... View More
answered on Feb 16, 2023
DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,... View More
I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.
answered on Jan 22, 2023
Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.
My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.
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answered on Jan 19, 2022
Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... View More
If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?
answered on Dec 28, 2021
You need to consult with an attorney.
The use of a name in a company name may or may not be indicative of a brand use.
And you would need to do a trademark search and analysis to find out your options.
I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... View More
answered on Jun 29, 2021
So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.
That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.
consult with an attorney! we dont bite
answered on Feb 25, 2021
The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many... View More
answered on Oct 5, 2020
It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal... View More
answered on Mar 31, 2020
Consult a trademark attorney to discuss your proposed mark in a private consultation.
Many of us offer free virtual consultations to potential clients nationwide.
The first step that is required to answer your question is to retain an attorney to conduct a thorough clearance... View More
I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close... View More
answered on Jan 24, 2019
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?... View More
I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.
answered on Jan 4, 2019
I am sorry, I do not understand your question. Please explain more.
Wes
an almost identical brand logo with the same meaning, is there a way to co-exist? Can the 2nd company offer to pay an up front and/or annual trademark usage fee to the first company in order to selling similarly-branded products in the same category? If so, what is a customary fee to secure the... View More
answered on Nov 14, 2018
Short answer: Maybe.
Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market.... View More
I am using the username DadPoolTV for creating videos and streaming content online through Twitch.TV and Mixer.com and YouTube.
Am I at risk of violating DeadPools copyright on the name?
answered on Nov 14, 2018
The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are... View More
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