answered on Mar 19, 2023
The Mach 1 nameplate and images are likely protected by trademark and/or copyright law, so you would need to obtain permission from the owner of those rights before using them for your merchandise and certificates.
In this case, the owner of the Mach 1 nameplate and images is likely Ford... Read more »
I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?
answered on Mar 4, 2023
It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.
In general, using a trademark... Read more »
Could I use that brand name anyways or no?
answered on Mar 1, 2023
An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... Read more »
I am an former Afghan official, Due to the situation in Afghanistan came to the US via Mexican border with illegal entry, but have paroled via Department of Homeland Security that expired and applied for renewal.
Now i have the financial Ability to start a business, am i able to get an LLC... Read more »
answered on Feb 20, 2023
As an undocumented person, you may be able to apply for an LLC and start a business in the United States, as there is no citizenship requirement for owning or operating a business. However, you may encounter challenges related to licensing, permits, and other legal requirements.
When it... Read more »
I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?
answered on Feb 20, 2023
If you plan to operate your virtual law firm from California, you may need to register with the California State Bar as a foreign legal consultant or form a professional corporation (PC) or professional limited liability company (PLLC) in California. The specific requirements may depend on the... Read more »
I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?
answered on Feb 20, 2023
If you are not physically located in California and do not maintain a physical presence in California, you may not need to register your virtual law firm with the California State Bar or comply with California's registration and disclosure requirements for law firms. However, if you intend to... Read more »
answered on Feb 20, 2023
The cost to register a trademark for "MAMA'GER" will depend on several factors, including the type of trademark application you file and whether you use an attorney to help you with the process.
The United States Patent and Trademark Office (USPTO) offers different types of... Read more »
I need the steps.
answered on Feb 19, 2023
There is not currently a federal registration or application to register DOG DIVA for any services, but there are two registrations with the words DIVA DOG which might be considered "confusingly similar" depending on the nature of the services you provide.
DOG TALK DIVA DOG... Read more »
If they forget to keep up on their retrademark can I slide in and own the design?
answered on Feb 13, 2023
If a trademark expires and it is no longer registered with the USPTO a new application can be filed for the same mark and granted by the USPTO. Generally, the USPTO gives a 6 month grace period to a mark before marking it as abandoned by the owner.
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »
answered on Jan 25, 2023
This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.
ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use.... Read more »
Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?
answered on Jan 13, 2023
Short answer: No.
Under 15 U.S. Code Section 1051:
(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by... Read more »
How can I find out the details of the case, and he supposed infringement?
answered on Dec 1, 2022
Checking all four federal district courts in California, this case number shows up as "sealed" which is quite extraordinary for a trademark case. Consequently, no further information is available. Perhaps you have the wrong case number. If you contact me, perhaps we can search for the... Read more »
I would not use their likeness as part of the branding—just the names
answered on Nov 15, 2022
Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.
But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can... Read more »
Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?
answered on Nov 12, 2022
Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... Read more »
there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.
I am wondering if i have a registered trademark for... Read more »
answered on Nov 11, 2022
This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... Read more »
Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.
For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... Read more »
answered on Nov 8, 2022
The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... Read more »
answered on Oct 30, 2022
The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.
I want to trademark my brand name which I wish to sell products under.
answered on Oct 22, 2022
Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... Read more »
answered on Sep 29, 2022
In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.
If you need any further advice... Read more »
Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?
answered on Sep 28, 2022
Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.
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