Get free answers to your Trademark legal questions from lawyers in your area.
answered on Dec 28, 2023
The other attorney's answer to your question omits only one important point:
when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should... View More 
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answered on Nov 28, 2023
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More
answered on Nov 18, 2023
In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be... View More
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answered on Nov 18, 2023
Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More
I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More
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answered on Nov 17, 2023
In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More
I'm planning to title my novel "The Blair Ghost Project" as an homage to the Blair Witch series. The novel is intended for commercial publication, and I haven't used the title publicly yet. The only similarity is that the main character, Blair, investigates a murder. I... View More
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answered on Apr 11, 2025
You're right to think carefully about this before publishing, especially since you're planning to use the title commercially. “The Blair Ghost Project” is very close in sound and structure to “The Blair Witch Project,” which is a well-known and trademarked property. Even if your... View More
I am developing a geo-location trading app with gamified features and want to trademark the name "BookQuest." However, I've found that "BookQuest" is already registered under Barnes & Noble Booksellers, Inc. for online retail bookstore services, specifically for rare,... View More
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answered on Apr 8, 2025
If the trademark "BookQuest" is already registered by Barnes & Noble for their specific services, it may pose a challenge to using the same name for your app, even if your app’s purpose is different. Trademark law typically protects names that are associated with particular goods or... View More
I am a defendant in a mass lawsuit filed by Tangle Inc., alleging trademark infringement, willful counterfeiting, false association/false designation of origin, and jurisdiction in Florida. My only sale in Florida was a test purchase by the law firm made on November 1st, 2023, and I don't... View More
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answered on Apr 7, 2025
First, it's important to respond to the lawsuit in a timely manner, as ignoring it could result in a default judgment against you. If you haven't already, file a formal response to the court, which usually includes an answer to the complaint and any defenses you wish to raise. Given your... View More
I'm concerned I may have lost my trademark for "The House Of Brick Body Beauty LLC," initially registered in the beauty class around 2017. I no longer have access to previous communications about the trademark and I'm unsure why it might be lost. Could you advise on steps to... View More
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answered on Mar 29, 2025
Hi, Taneshia. Here is a link to all the communications from the USPTO about your trademark: https://tsdr.uspto.gov/#caseNumber=90302327&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
In Florida, I discovered another business using the same name as my corporation but registered as a DBA. Their DBA was registered two years before I formed my corporation. They are involved in cheerleading, while my business is involved in other sports. I have conducted a broader trademark search,... View More
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answered on Mar 24, 2025
You might be able to trademark this name despite the existing DBA in Florida. Trademark protection generally depends on the likelihood of confusion between businesses, and since your corporation operates in different sports than the cheerleading business, this works in your favor. The fact that... View More
I plan to publish a tabletop RPG that I created on DrivethruRPG, but I'm concerned about protecting it from someone else claiming it as theirs. I don't have a lot of money for intellectual property protections like copyright or trademarks, and I'm unsure about licensing options. The... View More
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answered on Mar 12, 2025
Protecting your tabletop RPG doesn't have to be costly or complicated. Once your game is in tangible form, like a PDF on DrivethruRPG, it automatically gains copyright protection under U.S. law. To strengthen your claim without spending extra money, include a clear copyright notice (©, your... View More
I am working on a tabletop game with an Open Game License, I was just wanting to make a little side project I could publicly put out there/gain donations for the project and not get into legal hot water.
My game is generic, so I know that bit won't cause any issues, but, I'd... View More
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answered on Dec 20, 2024
Open game licenses are interesting beasts because the fundamental concepts and mechanics of tabletop games are not protectable by any form of intellectual property. This is a particular interest of mine and one that I'd be glad to discuss in depth offline.
I just registered an LLC in florida which has a different name than the name of my website. Do I have to register a fictitous name for that website name, even though I'm not using it for any formal business interactions like contracts and banking?
the website name is only used for... View More
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answered on Oct 25, 2024
Yes, in Florida, if you operate your LLC under a name different from its official registered name, you generally need to register a fictitious name. This applies even if the alternate name is only used for marketing, branding, or displayed in your logo. Registering ensures that the public is aware... View More
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answered on Oct 23, 2024
The answer to your question depends on how and where you seek to provide in commerce the goods or services that the proposed trademark is attributed to. If for example, the origin of your goods or services come from outside the city you're seeking to incorporate in the trademark, this could... View More
I want to make a shirt for myself from Mattel's Ever After High (not for sale or profit). Ideally, in the first scenario I would be using the full logo that comes up when searched- the pink heart locket with the logo inside. Second situation, I would be using the white notebook paper version... View More
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answered on Jul 27, 2024
Using the Ever After High logo or related designs for personal use, even if not for sale, can still infringe on Mattel's trademark rights. Trademarks protect the brand's identity, and using any recognizable parts of the logo, including the heart locket, notebook paper version, or the girl... View More
We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States
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answered on Nov 8, 2023
To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More
answered on Oct 20, 2023
If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More
I had to let it go because of no funds to prolong the registration.
answered on Sep 25, 2023
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More
answered on Sep 22, 2023
It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More
answered on Sep 21, 2023
The term of a federal trademark registration is ten years, renewable in successive ten-year periods. To maintain a registration, its owner must submit proof of continuing use and pay a fee.
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