Get free answers to your Trademark legal questions from lawyers in your area.
I'm looking to trademark a business name (call it "FishExample"). FishExample is currently trademarked for "furniture to store fishing supplies and goods". My FishExample business will be an online community/resource for fishermen (unrelated to furniture, but tied into... View More 
answered on May 15, 2020
As usual with so much in the law, the answer is, "It depends." A trademark owner acquires rights in their mark, whether for goods or service, by using it in ways that convey to consumers that there is a particular source offering the goods/services. From what you write, it is not clear... View More
Can a foreign artist file for a trademark in USPTO , if he is not a citizen of the US?
answered on May 11, 2020
You should register your trademark when you begin using the trademark. A foreign domiciled applicant may file for trademark registration but he/she must be represented by a US-licensed trademark attorney. You will need to hire a US trademark attorney to proceed.
While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... View More
answered on May 5, 2020
It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.
With the right incentive, a deal could be crafted.
I own a two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
When using basic word mark search... View More
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answered on Apr 30, 2020
When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... View More
answered on Apr 25, 2020
You really need to be sure that the mark has been truly "abandoned," meaning the owner isn't still using it but just let the USPTO filings fall out of time and therefore the federal registration application or actual registration are now considered by the USPTO to be abandoned.... View More
We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.
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answered on Apr 21, 2020
Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.
My employer has trademarked her business name federally and in California in the recreational cannabis industry. Recently a "free CBD" scam website has appeared using our name. Some of their victims are finding our FB page and leaving angry comments and reviews. I understand that the... View More
answered on Apr 19, 2020
I find it surprising that you say you have a federal trademark for cannabis.
It is very unlikely that happened as cannabis is illegal in the federal level.
That leaves you with less protection and arguments to go after this infringer.
If he is using social media you can take... View More
I will be using this name to represent myself in front of an audience and may create logos with this name tied along. I will not be using the actual Dreamworks character in the branding. Thank you for answering.
answered on Apr 16, 2020
Very possible.
It will be up to the owner of the character to do anything about it.
You should consult with an attorney.
In specific trademark Serial Number: 86829892
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answered on Apr 15, 2020
Just because a mark is abandoned, doesn't mean it's not in use. I would suggest reaching out to a trademark attorney who can help you to do a comprehensive search and assist you in better protecting your brand.
This would be just a directory of doctors and their business information found on their website.
answered on Apr 14, 2020
You are in risky territory
Besides having a consultation with an attorney, you should consider having an engagement plan with the doctors so you can remove them and change information.
www.legalbizglobal.com
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answered on Feb 26, 2020
I don't believe that Sony is in the wine bar industry but I would need to do a comprehensive sarch to be able to say for sure. Also, just because they're not currently in the business of wine bars does not guarantee that they would not still send a cease and desist letter. I would... View More
answered on Feb 24, 2020
Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.
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."
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answered on Feb 21, 2020
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... View More
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answered on Feb 18, 2020
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?
answered on Feb 9, 2020
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
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answered on Feb 3, 2020
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,... View More
How do I go about it? I know it hasn't been trademarked yet. Thank you!
answered on Jan 17, 2020
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,... View More
answered on Jan 10, 2020
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
answered on Dec 25, 2019
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
answered on Dec 15, 2019
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.
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