Get free answers to your Trademark legal questions from lawyers in your area.
I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More 
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answered on Jul 19, 2024
Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More
It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?
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answered on Apr 11, 2024
When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:
1. The owner deliberately abandons the copyright or trademark.
2. The owner... View More
It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?
answered on Apr 10, 2024
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More
xx has had the phrase "It'll Buff" trademarked since 2019. I was just wondering if it would be illegal for me to name a foundation "It'll Buff" the Trenton Barger Foundation in remembrance of my 15 year old son who was killed by a POS who was driving a commercial motor... View More
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answered on Jul 18, 2024
Using a trademarked phrase for your foundation's name can be legally complicated. Trademark law is designed to prevent confusion in the marketplace by ensuring that consumers know the source of goods or services. If "It'll Buff" is already trademarked, using the same phrase... View More
So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More
answered on Aug 1, 2023
"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).
Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only... View More
If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"
answered on Jun 21, 2023
That code means that the trademark was cancelled due to failing to timely file the proper renewal paperwork. The first trademark renewal is due after the five year anniversary of the registration date, during that fifth year. The second renewal is due ten years after the registration date. Third... View More
We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More
answered on Mar 21, 2023
If it was abandoned your best bet is to refile. You should consult with an attorney and get a full understanding of your case and if your goals can be achieved.
I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.
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answered on Nov 24, 2021
You might want to consider: "MY CHEMICAL ROMANCE
Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,... View More
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answered on Feb 10, 2020
Before you make a shirt and website using any name you should have an IP attorney conduct a clearance search to inform you of the availability of the trademark. The clearance search will locate trademarks that may be problematic for you. It is best to have a clearance search conducted before you... View More
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