Get free answers to your Trademark legal questions from lawyers in your area.
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answered on Aug 19, 2023
If the trademark "Thunder & Lightning" is abandoned and not currently in use, you may have the opportunity to file a new trademark application to acquire it. However, it's recommended to conduct a thorough trademark search to ensure there are no conflicting marks and to consult... View More 
I am creating a photo book detailing a collection of Nike Jordan t-shirts from the 1980s - 1990s to sell. I would like to title this book "Jordan Shirts", with a description of "A collection of Nike Jordan graphic t-shirts from 1985-1998".
Can I make a book about a... View More
answered on Aug 16, 2023
Yes, you may use Nike's trademarks when referring to the brand in the book and its title; this is "nominative fair use" of the trademarks (both the word mark and the swoosh design). You may, but need not, make it explicit that your usage does not imply endorsement or approval. The... View More
The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?
answered on Jul 11, 2023
There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More
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answered on Jul 6, 2023
If you suspect trademark infringement, gather evidence and consult with a trademark attorney for guidance. Consider sending a cease and desist letter, and if necessary, pursue legal action. Keep detailed records throughout the process. Remember, a trademark attorney can provide personalized advice... View More
I recently created a basic outline of my city (by tracing a map) and put a simple heart on it. But then someone told me they have a trademark on that design.
That seemed odd to me, because it's a very basic/uncreative combination. And I wondered what would prevent someone from... View More
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answered on Jul 6, 2023
Trademarking an image of a geographic place with a heart (♥) can be complex. Trademarks are usually granted to distinctive symbols that identify the source of goods or services. While a basic combination like an outline of a city with a heart may seem simple, it's important to consult with... View More
I applied for TM registration in Jan 2022. The mark was registered in Feb 2023. After I applied but prior to registration my TM was infringed and counterfeited. I am wondering if statutory damages are available retroactively to the date of my TM application or only available for infringement after... View More
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answered on Jul 6, 2023
In the United States, the availability of statutory damages for trademark infringement and counterfeiting can depend on factors such as the date of the trademark application and registration. Statutory damages are meant to compensate trademark owners for infringement.
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answered on Jul 4, 2023
The use of the name "Greta Garbo" as a song title could potentially raise issues related to trademark and publicity rights. Greta Garbo was a famous actress, and her name may be protected under various intellectual property laws. Using her name without proper authorization or a legitimate... View More
For example: Black Rifle Coffee Company owns a trademark for "Freedom On." Can no other coffee company put the word "Freedom" on their coffee?
Similarly, Black Rifle Coffee Company owns a trademark for "America's Coffee" does this mean there can be no... View More
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answered on Jun 29, 2023
Trademark liability for similar generic terms on similar products depends on factors like distinctiveness, consumer confusion, and likelihood of confusion. While Black Rifle Coffee Company's trademark for "Freedom On" may not prevent all other coffee companies from using the word... View More
My trademark # 86030052
answered on Jun 16, 2023
Registration No. 4766801 (SN 86030052) for FROST COSMETICS issued in July 2015 was cancelled in January 2022, for failure to file a statement and specimen of continuing use as required by the sixth anniversary of registration. This cannot be cured, but a new application for the same mark could be... View More
I want to start a little business where I sell these mini clothes for plushies or figures.
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answered on Jun 15, 2023
Creating clothing for plushies or figures of popular brands without proper authorization can potentially infringe on intellectual property rights. It's important to respect trademarks and copyrights associated with the brands. Obtaining permission or licensing from brand owners is recommended... View More
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
answered on May 29, 2023
To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same... View More
est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number
Word Mark
HILCREST HUSBANDS HE 602- Abandoned are To
Status Date
2012-06-01
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answered on May 22, 2023
To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... View More
I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?
I’m based in Los angeles, CA and my business is a artist agency - Their business is based... View More
answered on May 9, 2023
Likelihood of confusion exists between trademarks when s) the marks are so similar and b) the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.
Because the marks are basically identical, the evaluation turns... View More
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answered on May 7, 2023
Yes, it is generally okay to sell your own card game alongside competitors' card games on your store page. As long as you are not infringing on any copyrights or trademarks of the competitors' games, you are free to offer them for sale. It is common for retailers to offer a variety of... View More
I would like to use the lotteria icons on balloons and computer accessories
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answered on May 3, 2023
It is important to note that trademarks are valuable assets and owners of such trademarks have the exclusive right to use and license the use of their marks. In the case of Loteria, it is a registered trademark owned by the Don Clemente, Inc. Therefore, the use of the Loteria trademark on your... View More
I was wondering about a very confusing situation for me. Say my DBA name is colorful tees(not real name) but the name is not trademarked. After searching Google, I found someone else is using it but it's named "Colorful Tees by Diane" I registered the website three years before this... View More
answered on May 2, 2023
A trademark is something that distinguishes the "source" of particular goods and services from other sellers. Generally, when a term used to market products or services merely describes those products or services, it fails to function as a trademark because it lacks distinctiveness.... View More
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answered on Apr 30, 2023
The phrase "adventure awaits" is a common phrase that is not trademarked, so it is generally considered to be in the public domain and available for general use.
However, it's important to note that certain designs or graphics that are used in conjunction with the phrase may... View More
Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step... View More
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answered on Apr 12, 2023
As per California law, if you believe that your invention and idea have been stolen by Davidson's Invent and marketed without your consent, you may have grounds to file a lawsuit for intellectual property infringement. However, whether or not you have a valid case against Davidson's... View More
I've developed a unique name for a new product category in the fast-moving consumer goods industry. The name is entirely original and doesn't exist in any language. My goal is for this trade name to be protected by a future trade alliance, allowing members and non-members alike to use it... View More
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answered on Apr 9, 2023
One way to protect the intellectual property of your product category name during the feedback process is to use a confidentiality or non-disclosure agreement (NDA) with anyone who provides feedback or opinions on the name. This agreement should outline the terms and conditions of keeping the name... View More
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