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answered on Jul 10, 2023

Trademarking the name "Solid Perfume Collectors" can offer benefits such as exclusive rights to use the name for your book, website, and related activities. It helps protect your brand identity and prevents others from causing confusion among consumers. However, the trademark registration... View More

First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More

PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More

You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine... View More

First, before you commit to using a specific text and/or design as the trademark, you should consult an experienced trademark attorney to perform a search and opinion that the proposed mark is not confusingly similar to any other mark in use (whether registered or not) and is sufficiently... View More

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US... View More

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You... View More

Titles of books can not be trademarked.

The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.

Think... View More

It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... View More

Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... View More

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answered on May 2, 2023

In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.... View More

This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.

Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar... View More

In order to find out if you your requested mark is already filed with the USPTO you can work with a Trademark filing service for a low cost fee to preform a pre-search or full search for conflicting or similar marks. The trademark application is generally $250-$350. Working with a trademark service... View More

You should consult with an experienced trademark attorney, to review your intended mark and its use, search existing registrations to assure it is not confusingly similar to another used for similar goods or services, and apply for registration.

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.

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.

A performer may apply for federal registration of his/her stage name, if it is not confusingly similar to another performer who has used the name earlier in time. The application would be made for entertainment services, and could also be supplemented by registrations for use on fan merchandise.... View More