Get free answers to your Trademark legal questions from lawyers in your area.
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 are not physically located in California and do not maintain a physical presence in California, you may not need to register your virtual law firm with the California State Bar or comply with California's registration and disclosure requirements for law firms. However, if you intend to... View More 
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answered on Feb 20, 2023
The cost to register a trademark for "MAMA'GER" will depend on several factors, including the type of trademark application you file and whether you use an attorney to help you with the process.
The United States Patent and Trademark Office (USPTO) offers different types of... View More
I need the steps.
answered on Feb 19, 2023
There is not currently a federal registration or application to register DOG DIVA for any services, but there are two registrations with the words DIVA DOG which might be considered "confusingly similar" depending on the nature of the services you provide.
DOG TALK DIVA DOG... View More
I need the steps.
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answered on Feb 20, 2023
To register a trademark for your services, you can follow these general steps:
Choose a unique name or logo that you want to use as a trademark for your services. In your case, "Dog Diva" may be a suitable name.
Conduct a search to make sure that the name or logo you have... View More
If they forget to keep up on their retrademark can I slide in and own the design?
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answered on Feb 20, 2023
If a trademark expires or is abandoned by the previous owner, it may be available for someone else to register, provided that there are no prior conflicting trademarks or other legal obstacles. However, simply because a trademark has expired or been abandoned does not mean that you will... View More
If they forget to keep up on their retrademark can I slide in and own the design?
answered on Feb 13, 2023
If a trademark expires and it is no longer registered with the USPTO a new application can be filed for the same mark and granted by the USPTO. Generally, the USPTO gives a 6 month grace period to a mark before marking it as abandoned by the owner.
If they forget to keep up on their retrademark can I slide in and own the design?
answered on Feb 14, 2023
If the owner of a federal trademark registration fails to submit the required paperwork/fees by a relevant deadline (including the sixth month grace period), it will go abandoned and will be considered a “dead” registration. If the registration is dead, you can file an application and obtain a... View More
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... View More
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answered on Feb 20, 2023
It's possible that there could be some confusion or potential for infringement, as the name and certain elements of the character are similar to Marvel's Archangel. However, it ultimately depends on whether the similarities are substantial enough to create a likelihood of confusion in the... View More
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... View More
answered on Jan 25, 2023
This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.
ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use.... View More
Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?
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answered on Jan 13, 2023
Short answer: No.
Under 15 U.S. Code Section 1051:
(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by... View More
How can I find out the details of the case, and he supposed infringement?
answered on Dec 1, 2022
Checking all four federal district courts in California, this case number shows up as "sealed" which is quite extraordinary for a trademark case. Consequently, no further information is available. Perhaps you have the wrong case number. If you contact me, perhaps we can search for the... View More
I would not use their likeness as part of the branding—just the names
answered on Nov 15, 2022
Depends on the various other details and circumstances such as country in which trademark will be applied for, similarity of goods or services, validity of competitors trademarks.
But the fact that the brand sounds or looks similar to the older trademark does not itself state that you can... View More
Trademarks vs. copyrights? I have a business where I create websites and apps. I am not inventing anything new just adding a different take on already existing products. For example, I am doing a mindfulness app for kids. Do I need to trademark everything I do or can I just copyright my work?
answered on Nov 12, 2022
Most businesses do at least "bare minimum" in case of trademarking and that means that they try to trademark at least their main business name and their main product name. Even though copyright protection might extend to some of your business outputs, it does not offer you the trademark... View More
there are a few names i am considering for my brand. however, for all of the names i am interested in, the corresponding .com domains are either: in use, in use but forwarded to a different URL, or parked and available for sale at $5k.
I am wondering if i have a registered trademark for... View More
answered on Nov 11, 2022
This will not be possible as the domain name registrator would have time priority (he registered his domain sooner than you have registered your trademark) against your trademark even if you succesfuly register your trademark in pertinent jurisdiction. So it is highly recommended to choose... View More
Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.
For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... View More
answered on Nov 9, 2022
The obstacle for registration of your mark may be that it is "merely descriptive" of the services, not just that there is another similar mark in use. You would be well advised to adopt a mark that has at least some element of distinctiveness, to overcome the likely refusal on the basis... View More
Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.
For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... View More
answered on Nov 8, 2022
The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... View More
answered on Oct 30, 2022
The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.
I want to trademark my brand name which I wish to sell products under.
answered on Oct 22, 2022
Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... View More
I want to trademark my brand name which I wish to sell products under.
answered on Oct 22, 2022
Federal registration of a trademark for a single type of goods (apparel, books, toys, etc) should cost you about $800 with a qualified attorney's help including the govt filing fee. Most of us offer a free initial consultation to discuss usage and registration of a mark.
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
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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
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