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 
answered on Apr 13, 2021
You application was abandoned.
You need to review the reason of the refusal and try again or a different mark.
You should consult with an attorney.
answered on Feb 27, 2021
A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.
answered on Feb 4, 2021
The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is... View More
..or are all trademarks separate no matter if its different trademarks within one business you currently have?
answered on Jan 9, 2021
Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes... View More
answered on Jan 8, 2021
It is possible that this phrase is protected under trademark law. In which case, the scope of your rights could be determined by any prior use of the same or similar mark.
Whether your use of a mark infringes on someone else's use hinges on a number of factors including:
(1)... View More
It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?
answered on Dec 31, 2020
You should consult with an attorney to understand your risks
In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service
answered on Dec 28, 2020
You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... View More
answered on Dec 13, 2020
Go to USPTO
You should consult with an attorney to assess your risks and options.
answered on Dec 11, 2020
An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain... View More
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answered on Dec 5, 2020
Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many... View More
Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.
answered on Dec 1, 2020
A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... View More
They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... View More
answered on Nov 4, 2020
Trademark infringement is similarity in sight or sound for similar goods or services. If the other company has a registered trademark for DIAMOND COSMETICS in connection with makeup, cosmetics, etc., then they are most likely entitled to exclusive, nationwide use of the mark, and your use of the... View More
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