Get free answers to your Trademark legal questions from lawyers in your area.
The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success.
answered on Dec 6, 2023
When a trademark status is listed as "Cancelled - Section 8 (10-yr)/Expired Section 9," it indicates that the trademark registration has expired and is no longer valid. This usually occurs when the trademark owner fails to file the necessary documents or fees required for renewal.... View More
Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.
answered on Dec 4, 2023
When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More
answered on Dec 4, 2023
If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More
Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More
answered on Dec 3, 2023
The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More
I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More
answered on Nov 20, 2023
Hi Wes,
Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
In trademark class 16, do any of the below or any other terms refer to books (as some of these are components of books/another way of referring to books) or is it only when it's written as “books, coloring books, comic books, writing or drawing books etc.”
paper, copy paper, paper... View More
answered on Nov 14, 2024
In trademark class 16, "books" can indeed be described using various terms, and many of the items you've listed could potentially overlap with or include books depending on context.
"Printed matter," "printed materials," and "printed... View More
it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing
answered on Aug 29, 2024
Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More
Have seen in my face , but since I've been out for only not even three years yet I came out here to San Francisco CALIFORNIA to find my two sons xx and xx from Socorro new Mexico
answered on Aug 7, 2024
I'm so sorry to hear about your situation. The first thing you should do is contact the National Human Trafficking Hotline at 1-888-373-7888 for immediate assistance and advice on what steps to take next. They can provide resources, support, and connect you with local services in San... View More
Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More
answered on Nov 8, 2023
It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More
Owning my name given at birth
answered on Nov 6, 2023
In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More
It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?
answered on Oct 31, 2023
Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More
I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More
answered on Oct 21, 2023
This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More
answered on Oct 21, 2023
Using "Taishou ken!!" when there's an existing trademark for "TAISHOUKEN" poses risks. The primary concern under trademark law is whether there's a likelihood of consumer confusion between the two names. Even with the alterations you've made, the names are... View More
I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.
answered on Oct 19, 2023
I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More
TAISHOUKEN has trademarked.
answered on Oct 19, 2023
If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could... View More
i want to know if i can file a trademark for one particular item for sale on my website page
answered on Oct 14, 2023
If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration
Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More
answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
The brand is called Xiaomi.
answered on Aug 27, 2023
To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More
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