Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... Read more »
answered on Jun 29, 2022
Federal registration of a trademark is based on its "use in commerce" which generally means sales (or at least advertising for sale). Whether the nature of your prior use qualifies is problematic.
You should consult a qualified trademark attorney to review the matter and advise... Read more »
I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... Read more »
answered on Jun 27, 2022
The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark... Read more »
I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »
answered on Apr 25, 2022
If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... Read more »
i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... Read more »
answered on Mar 25, 2022
Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and... Read more »
i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.
answered on Mar 22, 2022
The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.
Further, the name must be sufficiently unique to... Read more »
Trademark name : CELOSA ROSE
answered on Mar 16, 2022
The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support... Read more »
I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »
answered on Jan 9, 2022
It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.
It is best to consult with an intellectual property attorney to... Read more »
I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.
answered on Jan 9, 2022
To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »
answered on Dec 28, 2021
Maybe
It depends on the use and differentiation to other marks.
Consult with an attorney.
Will I be able to sell my clothing line all though we're selling different goods with the same name?
answered on Dec 27, 2021
You need to hire an attorney to do searches and evaluate your risk.
answered on Dec 27, 2021
Maybe
You can file for a trademark, but getting it is a different thing.
You may not be entitled to use the mark as widely as you think.
Consults with an attorney.
I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... Read more »
answered on Dec 9, 2021
As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an... Read more »
looking up the trademark site its showing as R2-D2 as being trademark but not sure if not using the - make a difference
answered on Nov 17, 2021
Hello,
Just to answer the narrow question, whether the "-" makes a difference, I'd say: probably not. A federal trademark will generally cover minor (and sometimes significant) variations in spelling.
On the larger question whether you should use it, I'd say... Read more »
I was more involved in the use of the mark in years past. I then shifted my energy to other parts of my business, Faux Rock Contractor, and didn't renew my domain which is now held by a diamond jewelry company. They are also seeking to file the same trademark, SMILING ROCKS as well. Just... Read more »
answered on Nov 8, 2021
You need to consult with an attorney to understand your options.
I already purchased thevitastation.com domain.
Also vitastation.com domain is Available
Can use this name and register it as my llc and trademark?
answered on Oct 24, 2021
depends, you need to consult with an attorney to understand your options and risks
I already purchased thevitastation.com domain.
Also vitastation.com domain is Available
Can use this name and register it as my llc and trademark?
answered on Oct 24, 2021
depends, you need to consult with an attorney to understand your options and risks
An apostrophe is used but not necessarily to indicate a plural.
answered on Oct 20, 2021
It depends on what industry you are in and whether it is closely related to O'Neill's products sold under this trademark.
If an average consumer could possibly misunderstand your product as from O'Neill's, using the trademark could constitute infringement of trademark right.
i have some softwear that i need to gain all rights for leasing
answered on Sep 23, 2021
You need to consult with a patent attorney and do an analysis of cost and benefit.
I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.
answered on Sep 13, 2021
To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »
My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.
answered on Aug 30, 2021
Probably, it may be risky. You need a consult to review your options and risks.
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