Get free answers to your Trademark legal questions from lawyers in your area.
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
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
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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 sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More
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answered on Mar 15, 2024
If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More
is copywrighted or trademarked
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answered on Mar 11, 2024
To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:
1. Trademark Search:
- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/
- Click on "Trademarks" and then... View More
I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK
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answered on Dec 15, 2023
Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation.
Since your blog... View More
For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.
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answered on Dec 8, 2023
Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book... 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
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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
I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.
answered on Aug 26, 2023
When descriptive words cannot be claimed exclusively, the addition of unrelated whimsical text (such as "la la") does serve to make a mark sufficiently distinctive that it may function as a source identifier. The mark could be made even more distinctive by using a unique font and/or graphic element.
answered on Mar 25, 2023
To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... View More
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answered on Mar 29, 2023
Using the word "Snoopy" in a business name could potentially infringe on the trademark rights of the Peanuts brand and its owner, which could result in legal action. While there may not be any direct reference to the character in the rest of your business, the use of a well-known... View More
I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws
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answered on Feb 25, 2023
Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.
In the cease and desist letter, you... View More
Toys, Apparel, Video Games, Books, Puzzles, Board Games, CDs, Electronics, DVDs, Party Supplies.
answered on Dec 29, 2022
If you are referring to the process of applying for a federally registered trademark, it depends. Trademark protection can be granted for words, designs, etc., but the mark must be unique and suitable for registration. An attorney would need to know more about your use of "Tatsuro &... View More
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answered on Jan 13, 2022
In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2
* Are your goods/services in the same class as the... View More
I want to sell something inspired by Harry Potter. The name 'Godric's Hollow' is not trademarked. It is mentioned in the books. Am I able to use this name and sell it?
answered on Dec 15, 2021
Maybe
Depends on how it is used
Consult with an attorney
answered on Jun 17, 2021
Maybe
You need to consult with an attorney to assess your risks
cheers
Hi, I have a small business which features original designs on t-shirts.
answered on May 6, 2021
As indicated a design patent can provide protection.
Depending on what you are doing you could file for other registrations depending again on what your creations are.
Consult with an attorney.
I am filing for a trademark with the USPTO to protect my company name. But we provide a particular service that I want to protect, as we are about to be nationwide soon. This service is what differentiates us from other companies similar to mine.
answered on Jan 25, 2021
A federal trademark application will be rejected for a business name standing alone (see TMEP 1202.01). A federal trademark/service mark registration must be directed to a mark that is used with some underlying goods/services (or is intended to be used with goods/services). It sounds as if a... View More
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answered on Dec 9, 2020
This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®
If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?
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