Get free answers to your Trademark legal questions from lawyers in your area.
i have not have my wedsited just yet or business cards, i havent even hired no one and i just want to know if i have to files for the business and even if i got my ein number
answered on Feb 21, 2021
If you are taking about income taxes, the answer will depend on whether you have any income. However, you must remember that there are MANY kinds of taxes. If your business is incorporated or a limited liability company, you must pay the minimum of $800 per year franchise tax. I assume you have a... View More 
I'd like to create a business logo that has 'Est. 2000', but that's not when the business was created; rather, it's when my child was born. Is that false advertising?
answered on Jan 26, 2021
A good guideline would be: if you think it is false advertising, it probably is not a good idea. It would be false advertising to say you were in business for 21 years if you were not. Probably not a big deal if you were in business for 19 years, but if it was only 2, it could become an issue.... View More
This would be on the google Blogger server and would eventually carry a chain of willing authors as well as a great many Starwars links in support of the franchise.
answered on Jan 25, 2021
The question raises copyright and trademark questions. In all likelihood Disney would not care if you supported the franchise. The facts do not indicate how you would make references to Disney properties or possibly use them. There may be ways to do it right. There are very many ways to do it... View More
Since this is an era of effective businesses though the ecommerce channels and Trademark Terminal is providing the elevation in the quality to do the same. Almost all of the customers and clients are using the medium of internet as their basis communication and collaboration route. Trademark... View More
answered on Jan 18, 2021
Website rankings and trademarks are different things. It might be a good idea to read the Trademark Terminal website and see if they actually say that they make your brand more appealing. They might not. You might want to call an intellectual property attorney. Many give free initial consultations.
I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?
answered on Jan 11, 2021
You should definitely sit down with an attorney and understand all the issues associated with it.
Example- If someone was a Trademark with the name "GLO" for a fitness website. And their goods and services solely cover the creation of any fitness sites or blogs that provide non-downloadable articles for advice on fitness, Could I trade mark the name "GLO" for a fitness clothing brand?
answered on Dec 22, 2020
Very unlikely will cause or can be claimed it will cause confusion
I recommend looking at something different
Knowing I was in the process of applying for a Federal trademark, they one upped me and claimed my product as their own and began dealing with my production companies. Would the Lanham Act, 15 U.S.C. § 1051 et. seq. be of any use to me years after the fact?
answered on Dec 20, 2020
Depends on how long it has passed, how long you have had your trademark, and IF you got your registration.
IT may be also fraud, and you can stop him/her if you have rightful ownership.
Consult with an attorney
Marcos, attorney for the creative classes
answered on Dec 14, 2020
A trademark application may have a status of abandoned for failure to timely respond to an office action or some other required filing. This does not mean the mark is not in use. Using an identical or similar trademark in the same/related class/category as a trademark in use may give rise to a... View More
answered on Dec 12, 2020
Depends
It depends on how the other mark is used and whether they may file an opposition to your application
Even though they are different applications it may be considered confusing
Consult with an attorney
Decided to abandon and not utilize trademark for marketing purposes and would like image removed from record or display
answered on Dec 1, 2020
There is a process for doing it. It is called express abandonment.
Contact an attorney for any help on getting this done.
answered on Oct 23, 2020
Is "feasty" a made up word? Your use in commerce to identify the source of goods or services is use as a trademark. If you want nation wide protection then contact an attorney with Trademark experience who can file an application. Cost including the Federal Trademark Office filing fee... View More
Someone been got into my phone
answered on Oct 22, 2020
Please consult a privacy attorney to help you with this matter.
Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.
answered on Oct 22, 2020
Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... View More
answered on Oct 12, 2020
A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... View More
trademark for our club patch has expired brian is no longer part of our club i need ownership of patch
answered on Oct 5, 2020
I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.
answered on Oct 2, 2020
Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... View More
For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?
answered on Sep 27, 2020
If a mark being used is confusingly similar to another trademark and/or causes confusion as to the source of the goods or services (ie. where consumers may believe the other company to be the source of the goods), the use may be deemed trademark infringement.
answered on Sep 10, 2020
Until you get caught, then you have to pay licensing fees and have to disgorge all your profits.
Justia Disclaimers below, incorporated herein.
answered on Sep 8, 2020
If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... View More
answered on Sep 3, 2020
Trademarks which are used prior to registration accrue common law rights against infringement.
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