Get free answers to your Trademark legal questions from lawyers in your area.
For an online photo editing service, can we use "Good To Great Photos" or will this be breaking copyrights or trademark of the Good To Great Book written by Jim Collins?
answered on Aug 14, 2017
More facts are needed to address the question. These include how each party is using the words. The basic standard is whether or not use of your trademark will cause a likelihood of confusion in the marketplace as to the source of the goods or services. The question assumes that "Good To... View More 
Will I be paying one fee for the band's name and another because I upload a logo? Or will it just be one fee because...the band name is in the logo which automatically trademark's the band's name as well?
Thank you
answered on Aug 11, 2017
Trademark registration applications require applicants to select whether or not they want to register the name apart from the logo. You would probably need to ask an attorney what difference the selection makes. See tutorial material at www.uspto.gov.
I had a DBA name as a sole proprietor for a few years, then reorganized to a CA LLC (partnership) with my husband. We trademarked the business name and one of its products while being an LLC.
We are divorcing and I am moving to another state. We want the business to go back to me as a... View More
answered on Aug 9, 2017
Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An... View More
answered on Aug 7, 2017
This is generally not done without an attorney. However, there is a good deal of tutorial information at www.uspto.gov.
See disclaimer at the bottom of this page.
answered on Aug 4, 2017
It depends on how different the services are. The standard is whether there will be a likelihood of confusion in the market place as to the source of the services. Even if the services are different, they could be sufficiently related to cause a likelihood of confusion. Do the two services have... View More
This is a product that has no practical value, but presents itself as "serious." It is a spoof only. But still, should I be concerned about copycats, and persons trying to steal the idea and name? Thanks.
answered on Aug 1, 2017
A trademark can protect a brand name but not ideas. It a product will be sold, protection should be considered. If the product will not be sold, then some consideration should be given as to why to bother to protect it.
See disclaimer at the bottom of the page.
answered on Jul 25, 2017
That sounds like IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
answered on Jul 25, 2017
You might be violating IP laws, NDAs, and employment contracts, if you do. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More
The owners of tm 3,461,149 seem to be claiming any and all representation of the bolt face of the most popular rifle in the US infringes on their graphic logo. That is not my understanding of trademark law. What say you?
answered on Jul 25, 2017
A challenge to a description of a trademark can be based on vagueness or over-breadth, and a competing design should also seek to differentiate itself in a qualitative and/or quantitative manner, where applicable. More details are necessary to provide a professional analysis of your issue. The best... View More
Basically, I used the song for inspiration for characters, setting, and plot. The reasons, some events, names, and everything else will be from my imagination. And some characters will say some lines from the song word for word in conversation (not song). I will not have the actual song sung... View More
answered on Jul 17, 2017
A true answer would require review of the original material and a more precise description of exactly what you are doing. You would have to consult an attorney.
Here are a couple of observations. Crediting the original creators means that you are not a plagiarist. However, the credit could... View More
I am located in Santa Cruz county and Surf's Up Driving school is located in San Luis Obispo county, both in California.
answered on Jul 14, 2017
They sound sufficiently different, but speak with a lawyer such as myself re: any possible IP infringement, business overlap, and related issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as... View More
answered on Jul 13, 2017
Why do you want to buy an abandoned trademark? What benefit do you hope to get? Will buying the abandoned trademark confer that benefit?
It may be helpful to look at tutorial material at www.uspto.gov.
It seems as though you may wish to consult with an attorney to see what legal... View More
Does the performance have to be out of state for it to be interstate commerce?
answered on Jul 11, 2017
Among other things, in order for a 'mark' to be trademark-able (or service mark-able), it must be in current use in interstate commerce. Anything on your website that promotes your 'mark' - whether or not your performances are in another state - is being used in interstate... View More
I run a small business so should I sell them my trademark or sue them? They are pretty big with 20 people and a lot of social media coverage. honestly I do not run my brand that well so I am hoping to see what best option I can have. A split in selling off the trademark is also good to me. My... View More
answered on Jul 10, 2017
It depends on whether they are actually infringing or not. That should be evaluated prior to discussion potential resolutions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More
The trademark name that I would like to use will be placed on workout gloves strictly used in a gym. The other company that has the trademark is using it on gloves that are strictly for use to play golf. Will I still be able to pursue the trademark or the industries are too close? Would really... View More
answered on Jul 2, 2017
That sounds like infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
answered on Jul 1, 2017
You need to run an IP conflict search. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
The mark I am filing for is:
"eventpro marketing" - Continuing education services, namely, providing live and online continuing professional education seminars in the field of internet marketing; development and dissemination of educational materials of others in the field of... View More
answered on Jun 29, 2017
It depends on the business and location of each company. There might be overlap here and thus confusion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More
Say a company has a performer. The performer creates something that benefits the company, and for the most part is funded for and by the performer (be it cameras or lighting, etc). Unfortunately things don't work out while renegotiating a new contract and the performer leaves the company and... View More
answered on Jun 22, 2017
What are the terms of the contract re: the IP in question? If silent, the performer may have the IP rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I have a trademark case against a software company based in the U.S. I am the first to use the name 2years ahead. As I officially used and registered in 2013 while this new company started use of name and similar logo design in 2015.I am currently bankrupt from my innovations due to research etc. I... View More
answered on Jun 20, 2017
You can try. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More
EXAMPLE. YOYOapple.com is a male clothing line since 2004 based in thailand, with a branch in germany. Me, I acquired apple.com and wish to do an online store and sell furniture,Home & kitchen, books, accesories, electronics, BUT I also want to sell clothing, like old navy, calving klein,... View More
answered on Jun 15, 2017
Trademarks are specific to product/service type and location. You establish the type of product/service by sales or by choosing the type during registration. You establish location either by sales or by registering in a given state or country. You would infringe Apple's trademark by using the... View 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.
