Get free answers to your Trademark legal questions from lawyers in your area.
I am a travel agent using a mark for tour and travel services and would like to register it in the USA and Canada. What is the process for registering my mark in these countries?
answered on Mar 24, 2025
In order to register a trademark with the US an application must be filed with the USPTO. You can file an in-use or intent-to-use application. The recommended first step is to work with a trademark attorney to conduct a quick search to see if similar marks are already registered. Once the mark is... View More 
I am planning to start a business from home in California, selling custom t-shirts online across multiple states. I haven’t decided on a business name yet. Should I trademark my business name, and what are the benefits of doing so?
answered on Mar 4, 2025
It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you... View More
What is the duration before a trademark needs renewal in the U.S., and what are the general rules for trademark expiration?
answered on Feb 16, 2025
A Trademark in the US must be renewed between the 5th and 6th year of registration by filing a Section 8 renewal. The mark must also be renewed on the 10th anniversary by filing a Section 8 & 9 with the USPTO. Thereafter, you must renew your mark every 10 years. Failure to file a timely renewal... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 16, 2024
In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... 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
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
answered on Jul 25, 2024
Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:
Trademark Issues:
Caitlin Clark's name may be protected as a... View More
I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).
Now I have a few questions from the Trademark office to respond to (office actions)... View More
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answered on Jun 26, 2024
I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:
1. Geographic terms in trademarks: The use of geographic terms... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
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answered on May 30, 2024
Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:
1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on Jun 1, 2024
Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More
If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More
answered on May 30, 2024
A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More
POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea
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answered on May 14, 2024
I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:
1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't... View More
1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More
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answered on May 6, 2024
I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.
1. Using elements inspired by an artist's... View More
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answered on Apr 12, 2024
There could potentially be some issues with using "Dali Llama Yoga" as a business name in California. While the spelling is slightly different, the name is very similar to the Dalai Lama, the religious leader of Tibetan Buddhism. This similarity could lead to a few potential legal... View More
The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.
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answered on Apr 4, 2024
The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.
Some key points:
1. Trademarks protect... View More
My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?
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answered on Apr 4, 2024
In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More
I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More
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answered on Apr 4, 2024
Hi Jacqueline,
I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.
Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related... View More
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