I'm part owner of a sign company, and a customer wants to display her business name - "Face Time Salon". It appears Apple holds the Trademark "Facetime."
The uses seem different because Apple clearly isn't in the hair care business but you never know with them :). You do want to be careful as the sign company to not assist in infringing another's mark. Maybe consider having the person sign a release of liability and indemnification for you should... Read more »
I charge my clients flat fees so that they can have a predictable cost to protect their brand. Feel free to email me to discuss further because I would need a bit more information to provide you a fair and reasonable price. My email is tania.williams@williamsfirmpa.com.
Can I mention the name of the lotteries in my application or is there any way to go around that?
You probably are going to run into a lot of different problems.
I would probably stay away or understand very well the issues.
Just giving prizes can be very problematic.
i am going to sell collars, leashes, treats, clothing, toys, beds, etc and some things like collars/leashes/treats will be homemade
The classification codes vary depending on whether the product is a good or service. It would not be possible to truly answer your question without more information as, simply based upon your list, you will likely have multiple classification codes as pet apparel is a separate code from treats,... Read more »
How do I go about it? I know it hasn't been trademarked yet. Thank you!
You can take a shot at it.
You should contact an attorney to help you understand if it will even be acceptable as a trademark.
If it is generic, related to the topic, it will not be accepted. Think of apple for fruits.
You should also have plans for bringing it to market,... Read more »
You should make an appointment with an attorney to order a search and analysis of viability.
It will depend on what you are trying to protect, both the brand and the use.
Best luck.
sadfsdfs
Looks like a good idea.
You should do your research on how other fan blogs do it.
You should also be assisted by an attorney along the way to help you avoid potential pitfalls.
best luck
I want to file a trademark for an LLC I want to make
Depends.
In theory yes, but you need to stick close to what you listed.
If you plan to sell more than just your initial description, you should list it in your application.
www.legalbizglobal.com
The general criterion for deciding if a name should be used is whether the use will cause a likelihood of confusion in the marketplace as to the source of the goods. The conflicting mark need not be the same as the new mark. A search would have to be done and an attorney would have to interpret the... Read more »
Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... Read more »
In the absence of careful legal planning, this book could run into a number of legal problems. A disclaimer is a good way to avoid presenting a misleading picture. However, disclaimers and attributions in bibliographies do not avoid copyright problems. There are issues of derivative works and fair... Read more »
No.
Actually, all the facts need to be known to see if a legal justification could be supported. However, you could still face signficant legal expense if Craigslist decided to sue you.
My lawyer who originally filed the Trademark for my company and I no longer communicates. We recently just received a notice of trademark opposition and we need to appeal it, however, I don't think our lawyer will help us out with this. Is he legally obligated to fight the opposition if he is... Read more »
You may have signed a retainer or engagement agreement with your lawyer while taking the help for trademark registration purposes. That engagement agreement will explain in detail about the agreement termination. Usually lawyers get an engagement agreement only for a particular purpose. If that... Read more »
a tow company in diamond springs named extreme towing. They are saying they have a service/trade mark on extreme and towing and they want me to change my company name. If this is the case no one can use extreme for the first name of there towing business. Also I don't think anyone can trade mark... Read more »
Sometimes names can coexist and sometimes they can't. The remarks you make about "extreme" and "towing" in trademarks make sense. However, those remarks do not address the legal issues. A good place to start is figuring out what exactly their trademark covers and why they think that their rights... Read more »
All the information you seek will likely be found at www.USPTO.gov.
Trademark/Phrase not Registered and would like to take over?
Filing a trademark registration application requires actual use of the mark on goods or service OR a sincere intent to use the mark in the foreseeable future. It is a good idea to consult an attorney to see if "taking over" the trademark will meet your business objectives.
they are in the food and bev industry, i am in canine care services and leash/collar making & sales
Maybe, maybe not. That's why trademark law is often a two or three semester-hour course in law school and why trademark lawyers read law journals and pursue continuing legal education.
There are many facts that need to be looked at beyond the broad categories of goods and services. None of... Read more »
Ideally, you should conceive your company name and related logo or design in the planning stages of your business or venture, before you have invested too much capital in the idea. If you've done that, you can consult with a trademark attorney as to the registrability of the proposed mark, possible... Read more »
Maybe. The criterion is likelihood of confusion as to the source of the goods. Whether or not the goods differ is only part of the puzzle. A simple example would be GOOGLE drain cleaner. Difference in the goods would likely not be important.
It would be prudent to consult an attorney.
I need to know if i can apply for a trademark if there is already a Non-Final action for the entity that is currently pursuing it.
You can file but it is best to evaluate your position first. Sometimes similar trademarks can coexist. Sometimes they can't. Without a review, the fact that there is a non-final action is not informative. Some non-final actions are easily overcome.
Hello,
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.
So I'd like... Read more »
Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.
I do not know... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
