Get free answers to your Trademark legal questions from lawyers in your area.
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answered on May 22, 2023
Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... 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
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
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answered on May 9, 2023
Yes, it is possible for the owner of the trademark "Intentional Artist" to sue you for trademark infringement if they believe that your use of the similar name "Intentional Artists" is causing confusion among consumers.
Even though your businesses may be different in... 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
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answered on May 22, 2023
Trademark law is complex and specific to each case. However, in general, if the trademarks are similar enough that they may cause confusion among consumers or create the perception of affiliation between the two businesses, it is possible for the owner of the existing trademark to claim trademark... 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
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answered on May 7, 2023
It may be possible to trademark the name "Colorful Tees" even though someone else is using a similar name with a different identifier. However, it's recommended to conduct a thorough trademark search to ensure that there are no conflicting trademarks before filing for your own... 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
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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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answered on Mar 28, 2023
Yes, the trademark "CoCo" has been used by several companies for different products and services. One notable example is the Radio Shack Color Computer (CoCo), which was a series of home computers released in the 1980s. The CoCo was popular among hobbyists and enthusiasts and was used for... View More
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answered on Mar 28, 2023
Yes, the famous fashion brand Chanel has trademarked the name "Chanel" and the double "C" logo, which is often referred to as the "CoCo Chanel" logo. This trademark applies to a wide range of fashion and luxury goods, including clothing, handbags, perfumes, and... View More
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answered on Mar 19, 2023
The Mach 1 nameplate and images are likely protected by trademark and/or copyright law, so you would need to obtain permission from the owner of those rights before using them for your merchandise and certificates.
In this case, the owner of the Mach 1 nameplate and images is likely Ford... View More
I want to write a book about "iconic cars in history" can I use car brand, models and their pictures inside my book?
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answered on Mar 4, 2023
It is possible to use trademarks in book content, including brand names and model names, as long as you are using them in an editorial or descriptive manner to refer to the products themselves. However, you should be aware of the limitations of trademark law.
In general, using a trademark... View More
Could I use that brand name anyways or no?
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answered on Mar 1, 2023
Trademark law in California is based on both state and federal law. The United States Patent and Trademark Office (USPTO) is responsible for granting federal trademarks, while the California Secretary of State is responsible for granting state trademarks.
In general, trademark rights are... View More
Could I use that brand name anyways or no?
answered on Mar 1, 2023
An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... View More
I am an former Afghan official, Due to the situation in Afghanistan came to the US via Mexican border with illegal entry, but have paroled via Department of Homeland Security that expired and applied for renewal.
Now i have the financial Ability to start a business, am i able to get an LLC... View More
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answered on Feb 20, 2023
As an undocumented person, you may be able to apply for an LLC and start a business in the United States, as there is no citizenship requirement for owning or operating a business. However, you may encounter challenges related to licensing, permits, and other legal requirements.
When it... View More
I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?
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answered on Feb 20, 2023
If you plan to operate your virtual law firm from California, you may need to register with the California State Bar as a foreign legal consultant or form a professional corporation (PC) or professional limited liability company (PLLC) in California. The specific requirements may depend on the... View More
I am licensed in Georgia but I will be using my "law firm" solely to file trademark applications for clients. Do I need to register my law firm (LLC, PC, etc.) or can I operate as is?
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answered on Feb 20, 2023
If your bonus payout is on 2/28, and you resign on 2/20, your employer may choose to withhold your bonus payout. This is because bonuses are typically considered discretionary, which means that an employer is not legally required to pay them. However, if there is a company policy or agreement in... View More
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