Get free answers to your Trademark legal questions from lawyers in your area.
answered on May 11, 2022
While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact... View More 
answered on Apr 13, 2022
Consult a qualified trademark attorney to prepare and file an application for federal registration.
You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these... View More
Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.
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answered on Jan 21, 2022
You should probably repost it under trademark or intellectual property.
Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.
is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?
answered on Jan 18, 2022
You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.
I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... View More
answered on Jan 16, 2022
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... View More
I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!
answered on Jan 12, 2022
Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.
Don't want to get sued if someone else uses the name either.
answered on Nov 14, 2021
A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... View More
I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?
answered on Sep 29, 2021
Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or... View More
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answered on Sep 24, 2021
An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.
I am simply using the name for a recreational adult softball team. I do not have any copyrighted designs or logos, but I just want to know if using the phrase alone is illegal, if I put it on a jersey.
Games name we want to be rebound. But, mattel has a trademark on the word Rebound. What legal action could they take against us we named it such. Or are we safe todo so and name it as we please?
answered on Aug 2, 2021
No, you are not safe
You need to consult with an attorney to understand your risks
Hello,
I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... View More
answered on Jul 23, 2021
Depends.
You should consult with an attorney to address your concerns.
I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?
answered on Jul 17, 2021
Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..
There is an existing "standard character mark" for a 4-word phrase owned by another company, but I want to register and use that same 4-word phrase in a "style mark" that incorporates our company logo.
answered on Jun 26, 2021
Don't recommend it at all
Very risky
Consult with an attorney for an evaluation of your risk and options
answered on Jun 17, 2021
You need to consult with an attorney for a review and analysis
Can I adapt the murder of roger ackroyd (in the public domain in 2022) and include hercule poirot?
answered on May 25, 2021
you are probably confused with copyrights
You should consult with an attorney and do an analysis of your plans.
i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.
answered on May 16, 2021
Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.
I was thinking of using the words “lucky 13” for some clothing designs and just wanted to be sure not to step on anyone’s toes by doing that.
answered on May 16, 2021
You need to consult with an attorney and search for potential of conflict
Best luck
Marcos
The owner was my father. His wife at the time moved back to Russia & is not claiming the Trademark. I have a Death Certificate to prove he is deceased
answered on May 14, 2021
You probably need to do probate and get a disposition of all assets including intellectual property.
Hire an attorney!
answered on Apr 15, 2021
The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease... View More
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