Get free answers to your Trademark legal questions from lawyers in your area.
answered on Apr 24, 2019
Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
I had an idea for t shirts arranged around a certain slogan phrase under my brand name and logo. But I found the slogan phrase I wanted to use is trademarked for T-shirts. However, a somewhat different phrase using near synonym and past tense would still work for me. How exact does the phrase have... View More
answered on Mar 21, 2019
Trademark infringement occurs when a consumer is likely to be confused as to the origin of a product such that they assume the product comes from the trademark owner. The standard is a likelihood of confusion. The trademark owner would have a pretty good chance of blocking any synonymous phrases... View More
this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.
answered on Feb 18, 2019
Only if you want to risk being sued by the other companies for Trademark Infringement.
IE, product ABC's name is TM as BattleShip, can a completely different class of product XYZ also use the name BattleShip if the products do not share anything in common, essentially a completely different product than the TM product?
answered on Jan 25, 2019
Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so... View More
answered on Jan 21, 2019
It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.
However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a... View More
answered on Jan 19, 2019
Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.
answered on Jan 9, 2019
No need to apologize, you posted to a legal question and answer forum, not a law firm, a lawyer in particular, or anyone who is even in charge of overseeing your trademark.
Depending on the circumstances of the abandonment, and the specific “oversight” you’ve mentioned, it may be... View More
It is a 200 emoji
answered on Dec 28, 2018
This will be a question with variable answers depending on which attorney you consult. Fees will vary from attorney to attorney and also depending on what service level you request.
An attorney may charge separately from the actual application preparation, filing, and monitoring for an... View More
I want to design a logo so would i need all 3
Trademark, copyright, patent
Can I still use the name in a different font with no logo?
answered on Nov 30, 2018
Maybe. It depends on whether your goods or services are in the same class as an existing trademark registration, and whether using the mark is or will cause consumer confusion. Even if not registered, common law infringement may also be a problem. I suggest speaking to a trademark lawyer and seek a... View More
answered on Sep 1, 2018
If you own the domain name, you would apply for it just like any other trademark. You can either do it yourself, or get an intellectual property lawyer to do it for you.
If you do not own the domain name, then it is going to be a bit harder, and you need to talk to a trademark attorney.
answered on Aug 30, 2018
If you see somebody launch an e-commerce service, and you say, hey, that's a great idea, I'll think that I'll launch a competing e-commerce, then you are correct to worry about intellectual property.
If you write a code that solves a technical problem in a different way, and... View More
Someone unfortunately filed for trademark almost 4 months before me, even if I have been on social media before them and bought domain name before them. I need to know if I have any chances trademarking something similar to not loose years of working on this.
Also, I know filing for... View More
answered on Aug 18, 2018
Yes, you may be able to fight the registration if you were using your name before they did.
You should talk to a trademark attorney on what steps you need to take to preserve your rights, and possibly invalidate the other person's trademark registration.
answered on Aug 17, 2018
An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as... View More
answered on Aug 2, 2018
Yes, special characters can be incorporated into a trademark.
I want to create a toy or some kind of figurine of a public figure (not a celebrity)that hasn’t been created yet. As far as my knowledge they don’t have a patent or a trademark on it.
What kind of rights do I need so I can protect my idea and get royalties if it’s every duplicated
answered on Jul 19, 2018
This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to... View More
I filed Declaration 8&9 at the very end of the 10 year period, which ended in June this year. About 10 days later, after the end of the 10 year period, I received an Office Action saying that the specimen was deficient. I responded to the action on TEAS with the substitute specimens that I... View More
answered on Jul 11, 2018
You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.
For example: I trademark HappyCamper (just an example) and there's already a taken domain that's happycamper.com, could I get that domain?
answered on Jul 5, 2018
It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.
For example, can a business use a cereal (like Honey Nut Cheerios) as a main ingredient when making ice cream? Can the ice cream flavor be labeled as Honey Nut Cheerios?
answered on Jun 28, 2018
I think you can use any product you buy as an ingredient in a food product, especially if it is your own recipe. As to calling the final product the same name, you me get yourself in trouble there, as the name may be trademarked.
I'm looking at toys.
answered on May 14, 2018
None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.
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.